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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The real estate listed in the separate sheet No. 1 and the real estate listed in No. 2 (hereinafter “instant land”) were owned by the network C, and the Plaintiff and the Defendant shared the registration of ownership transfer for each 1/2 share due to the inheritance by consultation and division on January 31, 2013.
B. Meanwhile, before the death of the deceased C, the Defendant constructed, on the instant land, a general restaurant of 127.68 square meters (hereinafter “the instant building”). After the death of the deceased, on August 26, 2014, the Defendant completed registration of the preservation of ownership on the instant building and used all the instant land and buildings.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 2, and 3 (including virtual numbers), the purport of the whole pleadings
2. Determination
A. As the existence of the duty to return unjust enrichment can be used or profit-making from all the co-owners at their share ratio, and the matters concerning the management of the co-owners' share ratio, if one of the co-owners exclusively occupies or uses the article without the agreement of a majority of shares among the co-owners as to the method of specific use or profit-making of the jointly-owned property, the other co-owners shall make unjust enrichment corresponding to the share ratio.
In light of the above legal principles, the Defendant is taking exclusive possession and use of the entire land of this case by occupying the building on the land of this case. Thus, barring any special circumstance, the Plaintiff is obligated to return unjust enrichment equivalent to the rent from August 26, 2014 regarding the 1/2 shares of the above land to the Plaintiff, barring special circumstances.
B. (i) As to the Defendant’s assertion, the summary C allowed the Defendant to use the instant land free of charge, and the Defendant agreed that the heir, including the Plaintiff and the Defendant, should use the instant land free of charge at the time of consultation and division regarding the inherited property.