Text
1. The Defendants are to the Plaintiff:
A. Of the land size of 354 square meters in Gyeonggi-do, indication 10, 11, 12, 13, 14, 15, 16, 17, 18.
Reasons
1. Basic facts
A. On June 12, 191, the Defendants purchased from D, in sequence, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 10 of the attached drawings of the unregistered state located on the Gyeonggi-si C, Gyeonggi-do (hereinafter “instant land”) and on the ground attached thereto, the Defendants purchased from D, in the order of 10,000 square meters of the attached drawings of the unregistered state located on the said land (hereinafter “instant building”).
B. The Defendants completed the registration of ownership transfer with respect to 1/2 of each of the instant land from D on July 19, 1991.
C. On May 26, 2016, the Plaintiff completed the registration procedure for transfer of ownership on May 10, 2016 with respect to the one-half share of Defendant A’s title among the instant land.
On the ground of the instant land, in addition to the instant building, a fence (hereinafter “instant fence”) is located on the line connected each point of 25,26, 27, 28, 29, 30, and 31 each point of 21, 22, 23, 24, and 21, which are linked in sequence with each point of 21, 22, 23, 24, and 21, on the ground surface of the instant land, the plastic structure and 6,00 square meters (hereinafter “the instant fence”) on the line connected each point of 25, 26, 27, 28, 29, 30, and 31.
E. The Defendants actually occupied the instant land while managing the instant building, the original bridge, and the fence.
The building of this case is still unregistered as of the date of closing argument.
F. From May 10, 2016 to December 23, 2016, the rent of the instant land is KRW 902,730, and the rent thereafter is KRW 120,760 per month.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3, 6, 7, Eul evidence Nos. 1 and 2, the result of the survey and appraisal by this court, the result of the survey and appraisal by this court, the purport of the whole pleadings
2. Determination
(a) If both co-owners share equally one-half shares of each of them, the 1/2 equity right holders cannot exclusively use the goods arising from the removal, delivery, or the return of unjust enrichment without consultation with the other 1/2 equity right holders, and the rest of the equity right holders shall not be the exclusive right holders.