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1. The Defendant’s KRW 12,230,623 as well as the Plaintiff’s annual rate of KRW 5% from May 20, 2014 to July 22, 2015.
Reasons
1. Basic facts
A. On August 14, 1982, the Plaintiff, C, D, and E completed the registration of ownership transfer with respect to each of the real estate listed in the separate sheet (hereinafter collectively referred to as “instant real estate”) by Daegu District Court No. 55260 on August 20, 1984.
B. The F purchased the above D’s share on July 9, 1987 and completed the registration of ownership transfer on the 10th of the same month, and purchased the above E’s share on April 15, 198 and completed the registration of ownership transfer on the same day. On July 21, 1988, the F purchased the above C’s share and completed the registration of ownership transfer on the 22th of the same month, and finally acquired 3/4 shares of the instant real estate.
C. On March 26, 2011, the Defendant completed the registration of transfer on May 31, 201 with respect to the whole F shares on the grounds of inheritance by agreement division.
Since acquiring the shares of the instant real estate, F had occupied and used the instant real estate from March 26, 201 to March 26, 201, which was the time of the death, while operating the steel store, etc., and on July 26, 2011, after F was dead, the Defendant leased the instant real estate to G, thereby occupying and using the instant real estate by the current lessee.
【Fact-finding without a dispute over the grounds for recognition, Gap evidence 1, 2-1, 2-2, Eul evidence 2, 3-2, the purport of the whole pleadings
2. Establishment of claim for restitution of unjust enrichment
A. The method of management of jointly owned property is legitimate for a person who has a majority share in relation to a jointly owned building for which a claim for return of unjust enrichment is established to exclusively use and benefit from a specific part of the jointly owned building. However, even if the specific part is within the scope equivalent to his/her share ratio, a co-owner, including a majority share, gains from all other co-owners and gains from all other co-owners, even if the specific part is within the scope equivalent to his/her share ratio, is making unjust enrichment corresponding to his/her share.