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1. The Defendant’s KRW 2,750,000 and the Plaintiff’s annual interest thereon from August 2, 2013 to February 12, 2015, and the following.
Reasons
1. Facts of recognition;
A. The Plaintiff is the adopted child of the deceased C (the deceased on October 11, 2012, hereinafter “the deceased”). The Defendant is the remaining birth of the deceased and the Plaintiff’s father.
B. On December 21, 2012, the original Defendant completed the registration of transfer of shares based on testamentary gift on October 11, 2012, and owned the said land. Of D Forest land 67,740 square meters (hereinafter “instant land”), the Plaintiff’s share as to 636934/703050 square meters, and the Defendant completed the registration of transfer of shares based on testamentary gift on October 11, 2012, and owned the said land.
C. The Defendant, prior to the death of the deceased, managed the instant land upon the deceased’s request, and leased part of the instant land to E operating the Masthead and received KRW 600,000 monthly rent.
The Plaintiff and the Defendant agreed to the amount equivalent to the Plaintiff’s share out of KRW 600,000,000, and the Plaintiff was directly paid KRW 550,000 after March 12, 2013.
【Ground of recognition】 The fact that there has been no dispute, entries and videos of Gap's Nos. 1, 2, 4, and 8 (including virtual numbers) and the purport of the whole pleadings
2. A co-owner of the land determined as to the cause of the claim may use and benefit from the entire land according to the share ratio of each co-owner, but unless a majority of shares of all co-owners have agreed on the method of using and benefit from the land, one co-owner cannot exclusively possess and use a specific part. If a part of the co-owner exclusively occupies and uses a specific part, even if the area of the specific part is within the area equivalent to his share ratio, he shall be deemed as unjust enrichment corresponding to his share for a person who has a share among the other co-owners but does not use and benefit from the specific part. This is because all co-owners have the right to use and benefit from the entire jointly-owned
(see, e.g., Supreme Court Decision 2000Da13948, Dec. 11, 2001). Welves, as well as the above.