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1. The Defendant’s KRW 27,971,073 as well as the Plaintiff’s annual rate from June 3, 2015 to July 2, 2015.
Reasons
1. Facts below the facts of recognition are either in dispute between the parties or in recognition on Gap evidence 1 to 5, 7 to 13 together with the purport of the entire pleadings.
A. The Plaintiff is adopted by the deceased C (hereinafter “the deceased”), who died on October 11, 2012, and the Defendant is the remaining birth of the deceased and the Plaintiff’s father.
B. On December 21, 2012, the Plaintiff and the Defendant completed the registration of transfer of shares on October 11, 2012, as to the share 6616/70 of 703050, respectively, as to the share 66116/70, among the 1542m2 (hereinafter the above two parcels are referred to as Dong and lot number in the case of the above two parcels), Kimhae-si, Kimhae-si, which was owned by the deceased.
C. On November 21, 1987, the defendant newly constructed a second floor building on D land and completed registration of ownership preservation, and used the whole D land as parking lots, maries, gardens, etc. while using the above building as restaurant.
On August 22, 1985, the Defendant newly constructed a 1st floor house (92.2 square meters) and a stable (226.0 square meters) on E’s land, and completed the preservation of ownership, and installed structures, such as posts and tents, around the said house and stables, around E’s land.
E. On December 30, 2014, the Plaintiff completed the registration of ownership transfer in the future of the Korea Green Industry, Co., Ltd. on the ground of sale on July 24, 2013 with respect to the Plaintiff’s share in each of the above lands.
2. Determination
A. A co-owner of the relevant legal doctrine may use and benefit from the entire land according to his/her share ratio; however, insofar as a majority of shares is agreed among co-owners on the method of using and benefit from the land, one cannot exclusively possess and use a specific part, and if a part of co-owners exclusively occupy and use a specific part, even if the specific part is within the scope equivalent to their share ratio, they may use and benefit from the specific part, even though the specific part is within the scope equivalent to their share ratio.