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The defendant shall be the defendant with respect to the real estate stated in the separate sheet from August 3, 2006 to the plaintiff A, 6,830,074 won.
Reasons
Facts of recognition
C On April 29, 2009, while owning the real estate listed in the separate sheet (hereinafter “instant real estate”).
(hereinafter referred to as “the network.” With respect to the respective 1/10 shares of Nonparty P, Q, R, Defendant, Plaintiff G, K, L, and M among the instant real property, Plaintiff C completed the registration of ownership transfer for each 1/30 share due to inheritance, with respect to the respective 3/90 shares, Plaintiff D, and E with respect to each 2/90 share, respectively, and Plaintiff H, I, and J with respect to each 1/30 share.
P transferred the above shares to the Plaintiff on January 31, 2013, Q transferred them to the Defendant on April 14, 2011, and Plaintiff B completed inheritance registration by consultation and division on November 12, 2015.
The instant real estate is occupied and used by the Defendant, and the rent from May 1, 2009 to August 2, 2016 is as indicated in the results of the attached appraisal and assessment, and is presumed to be identical even thereafter.
[Reasons for Recognition] Facts without dispute, Gap 1 through 4 evidence (including branch numbers; hereinafter the same shall apply), the result of a request for appraisal of rent, and co-owners of land determined as to the cause of claim of the entire pleadings may use or profit from the whole land according to their share ratio, but as long as there is no agreement among co-owners as to the specific method of use or profit-making, one cannot exclusively occupy and use the specific part, and if part of co-owners exclusively occupy and use the specific part, even if the area of the specific part is within the area equivalent to their share ratio, they shall be deemed to have made unjust enrichment corresponding to their share ratio (see, e.g., Supreme Court Decision 200Da13948, Dec. 11, 201). The same applies to buildings.
In light of these legal principles, the defendant is in accordance with the above facts of recognition.