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1. The defendant
A. Of KRW 3,740,880 and KRW 9,266,00 from April 1, 2016 to Plaintiff (Appointed Party) and KRW 3,740,880, and KRW 9,266,00.
Reasons
1. The facts of recognition are as follows: (a) on December 21, 1989, Plaintiff A3,310/9,266 on the date of the registration for the transfer of shares by co-owners, Plaintiff B on January 17, 2013, Plaintiff E 1/8 on May 29, 2001, Plaintiff B “F” on May 31, 1989; (b) on October 23, 2014, the aggregate of shares of Plaintiff F on May 31, 201, Defendant 1,323/9, and 266 on October 23, 2014.
A. The ownership relationship of the instant land is as follows.
B. From around 1965, the Defendant occupied and used the instant land as a housing site or farmland.
2. Determination
A. 1) A co-owner of land may use and benefit from the entire land according to the share ratio of each co-owner. However, insofar as a majority of shares of each co-owner have not agreed on the method of using and benefit from the land, one co-owner cannot exclusively possess and use the entire land. Therefore, if a part of the co-owner occupies and uses the specific part exclusively, it shall be deemed that the other co-owner gains unjust enrichment to the extent corresponding to his/her share if he/she has the share of the other co-owners but does not use and benefit from the other co-owners (see, e.g., Supreme Court Decision 200Da17803, Oct. 11, 2002). 2) On October 6, 2014, 2014, the Defendant acquired the co-ownership share, on the ground of sale by voluntary auction on October 6, 2014, the Defendant completed the registration of transfer on October 23, 2014.
Since the land portion of this case without any title has been occupied and used before, the plaintiffs are obligated to pay unjust enrichment equivalent to the rent to the extent corresponding to their shares of co-ownership.
In addition, the defendant, even after acquiring co-ownership shares, has occupied and used the part of the land of this case exclusively by excluding other co-owners. Thus, the defendant has the obligation to return unjust enrichment.
B. 1) The period of calculating unjust enrichment is from March 30, 2005, which is the day immediately before the ten-year statute of limitations has elapsed since the filing date of the instant lawsuit (from March 30, 2015).