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1. The part concerning a counterclaim among the judgment of the court of first instance shall be modified as follows:
Daegu Suwon-gu C 112m2 and Daegu.
Reasons
1. Determination as to the main claim
A. The summary of the cause of the claim and the Defendant shared 1/2 shares in each of the instant land. The Defendant, around 2009, newly constructed a golf range on each of the instant land adjacent or adjacent to each of the instant land, and leased the said golf range (hereinafter “instant golf range”) and the site to another person and used the Plaintiff’s share without permission by allowing the lessee to use each of the instant land as a parking lot within the said golf range, thereby seeking a return of unjust enrichment equivalent to the Plaintiff’s share in each of the instant land calculated from June 2, 2009.
B. The defendant asserts that the plaintiff is not the actual owner of each of the lands of this case, and thus has no standing to sue.
In the litigation for the performance of lives, the standing of the parties is a person who asserts that the right to demand performance, which is a subject matter of lawsuit, exists, and whether the right to demand performance exists or not, must be proved through the deliberation
(See Supreme Court Decision 2003Da44387 delivered on October 7, 2005, etc.). In this case, the Plaintiff asserted that he/she is the one-half right holder of each land of this case, and thus, he/she is entitled to sue in the performance lawsuit of this case.
Therefore, the defendant's above assertion is without merit.
C. A co-owner of the relevant legal doctrine on the merits may use and benefit from the entire land according to the share ratio of each co-owner. However, as long as a majority of shares is agreed among co-owners on the method of using and benefit from the land, the entire land cannot be occupied and used exclusively, one of the co-owners is unable to use and benefit from the entire land. If a part of the co-owners exclusively occupies and uses the entire land, the share among the other co-owners is in existence