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(영문) 부산지방법원동부지원 2019.04.25 2018가합102613
토지사용료 청구
Text

1. The defendant shall be the plaintiff.

(a) KRW 819,818,575 and interest rate of KRW 15% per annum from March 23, 2019 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On December 31, 1986, the Plaintiff, along with the Defendant, completed the registration of transfer of ownership with respect to each of the 1/2 shares of the Geum-gu, Busan and the 246.6 square meters and D 746.4 square meters (hereinafter “each of the instant lands”) on the grounds of sale.

B. Around January 24, 2006, the Defendant built a three-story temporary building on each of the instant land and owned the instant building from around that time to that time, thereby exclusively occupying and using each of the instant land.

C. On the other hand, around February 22, 2011, the Defendant completed the registration of transfer of ownership with respect to each of the instant land 1/2 of each of the instant land as gift causes.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3 (including the case of additional number; hereinafter the same shall apply) and the purport of whole pleading

2. Determination:

A. 1) A co-owner of land may use and make profits from the entire land according to the share ratio of each co-owner. However, inasmuch as a majority of shares of each co-owner with respect to the specific method of use and profit-making, it cannot be exclusively occupied and used. Thus, if a part of the co-owner exclusively occupies and uses the entire land, he/she shall be deemed to have made unjust enrichment corresponding to his/her share in the other co-owners (see, e.g., Supreme Court Decision 2000Da17803, Oct. 11, 2002) with respect to each co-owner of land of this case, the defendant who was a co-owner of each of the above land of this case shall be deemed to have obtained profits equivalent to 1/2 of the plaintiff's share in each of the above land as the above co-owner's site and suffered damages to the plaintiff without any legal grounds.

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