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The defendant shall pay 504,804,000 won to the plaintiff and 12% per annum from July 20, 2019 to the day of complete payment.
Reasons
1. Facts of recognition;
A. The Plaintiff and the Defendant jointly inherited the deceased’s property 2/11 shares as C’s children died on June 14, 2010 (hereinafter “the deceased”) (hereinafter “the deceased”).
B. From the time of the death of the Deceased, the Defendant operated a gas station on the ground of 899 square meters on which the deceased’s property was located in Busan Shipping Daegu District D Co., Ltd. (hereinafter “instant land”) and occupied and used the instant land exclusively.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 6, and 7, the result of the appraisal commission to appraiser E by this court, the purport of the whole pleadings
2. A co-owner of a piece of land on the market may use and make profits from the whole land according to his/her share ratio, but the specific method of use and profit-making cannot be exclusively occupied and used by one of the co-owners unless a majority of shares have been agreed among the co-owners. Thus, if a part of the co-owners exclusively occupy and use the whole land, he/she shall be deemed to have made unjust enrichment corresponding to his/her share if the other co-owners exclusively own and use the whole land.
(2) As to the Plaintiff’s share of the land in this case (see, e.g., Supreme Court Decision 2000Da17803, Oct. 11, 2002). As recognized earlier, the Defendant, who was a co-owner of the land, jointly succeeds to the land in this case, has exclusively occupied and used the land in this case, obtained profit equivalent to 2/11, which is the Plaintiff’s inheritance share, from the Plaintiff, and thereby incurred damages equivalent to the same amount. Thus, the Defendant is obligated to return to the Plaintiff unjust enrichment equivalent to the use profit equivalent to 2/11 of the land in this case.
Furthermore, with respect to the amount of unjust enrichment to be returned by the defendant, the health unit and the appraiser E by this court.