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(영문) 수원지방법원성남지원 2015.10.28 2015가합200025
부당이득금
Text

1. The Defendant’s share of KRW 45,719,00 and KRW 1/8 out of each land indicated in the Plaintiff’s separate sheet from April 28, 2015.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are children of C who died on January 16, 2013.

B. On November 11, 1988, the Defendant: (a) donated the land for D 990 square meters, and (b) 554 square meters of the land for E 554 square meters (divided into 421 square meters of the land for E and 133 square meters of the land for F 28 square meters on October 28, 2014); (c) donated the land for G 919 square meters (divided into 728 square meters of the land for G 28 square meters and 191 square meters of the land for H 191 square meters on October 28, 2014; hereinafter the same shall not apply before and after subdivision; and (b) completed the registration of ownership on each of the instant land on November 18, 198.

C. On October 24, 2013, the Plaintiff filed a lawsuit against the Defendant for the restitution of forced inheritance amounting to Suwon District Court Branch Branch 2013Kahap203990, and in the said lawsuit, the lower court rendered a decision in lieu of the conciliation that “the Defendant shall implement the procedure for the registration of ownership transfer for each of the instant parcels of land by July 15, 2014, with respect to one-eight shares of each of the instant parcels of land, until July 15, 2014,” which became final and conclusive on July 2, 2014.

On July 28, 2014, the Plaintiff completed the registration of ownership transfer relating to 1/8 of each of the instant lands according to the decision in lieu of the above conciliation.

E. The Defendant owned a rearrangement factory building on each of the instant land, and used the entire land of this case as the site of the instant building.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The co-owners of a majority share may independently determine matters concerning the management of the co-owned property, even though there was no prior agreement with the co-owners on the method of management of the co-owned property. As such, the co-owners of a majority share are the method of management of the co-owned property, and may exclusively use and benefit from a specific part of the co-owned property. However, the share resulting from the said method cannot be used and benefit from the specific part.

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