The defendant shall pay 30,34,296 won to the plaintiff and 5% per annum from November 3, 2020 to November 25, 2020 and the next day.

1. Basic facts

A. The deceased C (hereinafter “the deceased”) died on October 4, 2018.

The defendant is the deceased's spouse, and the plaintiff is the child between the deceased and the former spouse.

B. At the time of the death of the deceased, the Defendant was residing in D Apartment E apartment (hereinafter “the apartment of this case”) at the time of the death of the deceased, and the Plaintiff was residing in F, the Plaintiff’s money, and the Defendant continued to reside in the apartment of this case after the death of the deceased.

C. On October 4, 2018, the Plaintiff and the Defendant sold the instant apartment to a third party and received the sales price in proportion to the share of the purchase price, as the ownership transfer registration (the Plaintiff’s share 2/5, Defendant shares 3/5) was completed due to inheritance on or around June 27, 2020 during the instant lawsuit.

The defendant delivered the apartment house of this case to the buyer around July 31, 2020, which is the date of the remaining payment and the date of ownership transfer registration.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 8 (including branch numbers for those with additional numbers), the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. A. 1) A co-owner of the majority share in the apartment of this case may independently determine matters concerning the management of the jointly owned property even if there was no agreement with the co-owner on the method of management of the jointly owned property in advance. As such, a co-owner of the majority share can exclusively use and benefit from the jointly owned property as the method of management of the jointly owned property. However, the majority share can be generated as a result, but the minority share holder who suffered losses due to the failure to use and benefit from the jointly owned property at all, thereby making the unjust enrichment equivalent to the rent corresponding to the share (see, e.g., Supreme Court Decision 2002Da9738, May 14, 2002). As seen earlier, the defendant is obligated to return it as an inherited property after the death of the deceased.