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1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.
2. The costs of appeal shall be borne by each party.
3. Counterclaim by this court.
Reasons
1. The reasoning of the judgment of the court of first instance citing this case is the same as the reasoning of the judgment of the court of first instance, except for the following parts, thereby citing this in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The part of the judgment of the court of first instance concerning the dismissal is as follows.
A. 1) Co-owners may use and gain profit from all co-owners at their share ratio, and the matters concerning the management of the co-owned property are determined by a majority of shares of co-owners. Thus, if one of the co-owners exclusively occupies and use the common property without the consent of a majority of shares among the co-owners as to the method of specific use and profit-making of the jointly-owned property, the other co-owners shall gain unjust profit equivalent to their share ratio (see Supreme Court Decision 2000Da13948, Dec. 11, 2001). As to the instant case, the fact that the Plaintiff exclusively occupies and uses the common property, which is the jointly-owned property, as seen earlier, is the fact that the Plaintiff exclusively occupies and uses the common property, as well as the fact that the Plaintiff occupied and uses it with respect to the other co-owners.
I would like to say.
B. As to the scope of return of unjust profits, the sum equivalent to the rent from July 25, 2018 to February 24, 2020, from July 2018 to February 24, 2020, is KRW 11,623,00, and the rent from July 25, 2019 to February 24, 2020 is as mentioned above. Since it is confirmed that the rent from July 25, 2019 to February 24, 613,00 is the same amount, the Plaintiff is confirmed to the Defendants to have the same rent from July 25, 2018 to February 24, 2020, respectively, as well as the amount equivalent to the rent from the rent from July 25, 2018 to February 25, 205,750 won, i.e., 11,623,000 x 1/4) of each of the instant claims and damages from delay 20.