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1. The defendant shall pay to the plaintiff the amount of KRW 41,681,387 and KRW 34,992,458 among them, from July 18, 2019 to the day of full payment.
Reasons
1. Basic facts
A. The Plaintiff is a co-owner who owns 592/1,940 shares among 125 square meters in Gwangju-dong-gu, Gwangju-gu, and the Defendant owns 1,348/1,940 shares among the instant land.
B. On March 14, 1996, the Defendant constructed a building of 3 underground and 15 stories underground (hereinafter “instant building”) on the land of Gwangju Dong-gu, Dong-gu, and on July 6, 1998, the registration of preservation of ownership of the instant building on the following grounds: (a) the Plaintiff awarded a bid for the said share in the auction procedure for the G real estate rent of the Gwangju District Court on October 26, 201 and completed the registration of ownership transfer on October 26, 201; and (b) the Plaintiff completed the registration of ownership transfer on October 26, 2010 after obtaining a bid for the said share in the process of the auction of the G real estate of the Gwangju District Court on the land of this case from October 26, 2010 to KRW 592/1,940; (c) the purport of the appraisal of the instant portion from October 26, 2010 to KRW 25, as the result of the appraisal of the land of this case; (d) the Plaintiff’s evidence No. 251.
2. The method of management of the jointly owned property is lawful to determine that a person who has a majority of the co-owned land should exclusively use and benefit from a specific part of the co-owned land. However, even if the specific part is within the scope of his/her own share, it shall be deemed that a co-owner, including a majority of the co-owners, gains from all the co-owners who suffered damage because the use and benefit from all the other co-owners have share, but the use and benefit from all the co-owners, including a majority of the share, make unjust enrichment corresponding to their share.
This is because all co-owners can enjoy profits from all co-owners in proportion to their shares.
(see, e.g., Supreme Court Decision 2009Da76522, 76539, Jul. 14, 2011). In light of the above facts of recognition, the foregoing facts of recognition are examined.