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1. The Defendant’s High Court Decision 2009Da3609 Decided March 11, 201 against the Plaintiff is based on the Defendant’s High Court Branch Decision 2009Da3609 Decided March 11, 201.
Reasons
1. Facts of recognition;
A. On March 18, 1993, CJ 308 square meters (hereinafter “instant land”) completed the registration of transfer of ownership of 2/13 equity shares to the Plaintiff, 3/13, D, E, F, G, and H, and the total sum of D and F equity shares were transferred to I due to a public sale, and 2/13 of G equity shares were transferred to J for a public sale, and 2/13 of E equity shares were transferred to J for a public sale on December 8, 2005, and the ownership of the Defendant was transferred to the Defendant on the ground of public sale on December 8, 2005.
B. Meanwhile, prior to the Defendant’s acquisition of the above shares, the Plaintiff resided on the instant land by constructing an unauthorized house (hereinafter “instant building”) and occupied, used, and is currently residing in the instant building as the site for the instant building.
C. The Plaintiff filed a lawsuit against the Plaintiff, H, I, and J, the co-owners of the instant land, claiming for partition of co-owned property, and for unjust enrichment against the Plaintiff. On March 11, 201, the Plaintiff divided the Plaintiff’s remaining co-owners into KRW 1,7,8,9, and 1 of the attached Form No. 1,7,9, and KRW 51 square meters in line with the Defendant’s ownership (hereinafter “the part owned by the Defendant”), 2,3,4,5,6,7,8,9, and 257 square meters in line with each of the above points, and the Plaintiff’s judgment on KRW 257,00 (hereinafter “the part owned by the Plaintiff, etc.”) from the following day to the end of 10% in proportion to the portion owned by the Defendant’s ownership or 251 square meters in line with each of the above points, and the Plaintiff’s judgment on KRW 1,501,00 to the end of 10,01.