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1. The Defendant indicated the attached drawing among 16,325 square meters of land for a factory in Yacheon-gu, Seocheon-gu, Seocheon-gu. 37, 41, 43, 42, 42, 39, 38, 38.
Reasons
1. Basic facts
A. 16,325 square meters of land for factory in Yacheon-gu, Sincheon-gu (hereinafter “instant land”) share 3/8 shares, Plaintiff A/4 shares, Plaintiff B 1/4 shares, and E 1/8 shares.
B. E entered into a lease agreement with the Defendant on the ship which connects each point of 37,41, 43, 42, 39, 38, and 37, among the land in this case, with respect to the portion of 730 square meters on the ship (hereinafter “the part occupied in this case”), and the Defendant installs and uses a temporary building (container) and a mooring facility on the part occupied in this case, and installs and uses it on the part occupied in this case, and installs a steel fence on the ship which connects each point of 16, 17, 18, 41, 43, 43, 19, 20, 40, 40, 39, 38, 37, and 41 of the attached drawings.
C. On March 20, 2017, the Plaintiffs resolved that the occupied portion of the instant case, including the instant occupied portion, was to be used by the Plaintiff Dae-Development Co., Ltd.
[Ground of recognition] Facts without dispute between the parties, entry and video of Gap evidence Nos. 1, 2, 4 and Gap evidence Nos. 6 (including the number with each number; hereinafter the same shall apply)
2. Determination
A. The act of co-owners to lease the article jointly owned to another person is an act of management of the article jointly owned, and the act of management of the article jointly owned is determined by a majority of co-owners as stipulated in Article 265 of the Civil Code. Thus, the lease by the co-owners who do not constitute a majority of co-owners is null and void at least for the remaining co-owners. Therefore, the tenant's possession is without title and the other co-owners can claim the return of the article.
(see, e.g., Supreme Court Decision 2010Da569, May 27, 2010). The foregoing legal doctrine and the facts recognized earlier are consistent.