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1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following additional payment order.
Reasons
1. The reasoning for the court's explanation on this part is as follows: (a) in the fourth 17 to 18 of the judgment of the court of first instance, it is not sufficient to recognize the fact that "the above assertion is not acceptable on the ground that there is no evidence to acknowledge it" that the deposit under the above lease agreement entered into with the defendant is KRW 10,000,000, not the aforementioned KRW 5,000, and there is no other counter-proof; and (b) the plaintiffs' above assertion on the premise that it is not acceptable, it is identical to the corresponding column of the judgment of the court of first instance (the fourth 1 to fifth 5). Thus, it is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination
A. The Defendant’s duty to return the leased real estate 1) If one of the co-owners of the real estate leases the real estate to another without the consent of the other co-owners, the portion of the leased real estate that exceeds his/her own share out of the profits accrued therefrom shall be the unjust enrichment acquired without any legal ground and shall be returned. In such a case, the scope of return is the amount equivalent to the leased real estate (see Supreme Court Decision 94Da15318, Jul. 14, 1995). According to the above recognition, the Defendant is a co-owner with 870/5,220 shares of the building of this case from June 14, 201 to July 12, 2012, who solely leased the building of this case to S and T, and thus, the Defendant is obligated to return the portion corresponding to the Plaintiffs’ share as unjust enrichment.
3) As to this, the defendant asserts that the whole size of the building of this case is 199.5m2, and that the part of the building leased by the defendant is 33m2, which is equivalent to the part of the defendant's share (x 870/5, 220 = 33.25).
However, co-owners of real estate can use and profit from all real estate according to their shares, but the specific methods of use and profit-making are among co-owners.