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1.(a)
Defendant C indicated the attached drawing among the size of 864.7m2, Ulsan-gu Dr. Dom 864.7m2 to the Plaintiff (Appointed Party) and the designated parties.
Reasons
1. Basic facts
A. The Plaintiff (Appointed Party) and the designated parties (hereinafter “Plaintiffs”) and the Defendant B shared with Nonparty G the 864.7mm2 (20,000m2, Ulsan-gu, Ulsan-gu, Ulsan-gu, Seoul-do, Ham2 (20,000m2: 1,653m2,000,000) as indicated in the separate sheet of shares.
B. As to the instant land with Defendant B, Defendant C entered into a lease agreement with Defendant B, which is KRW 15 million, KRW 1.5 million per month, and period of lease from August 15, 2014 to August 15, 2017.
C. Defendant C, on the ground of 100 m2 in sequence of each point of Section 1, 2, 3, 4 and 1 among the instant land, has installed two containers, temporary snow materials and steel plate fences, and occupied the said land.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 3, 5, Eul evidence Nos. 5 (including those with additional numbers) and images, the fact inquiry results on the winteric acid of this court, the purport of the whole pleadings
2. Determination
A. Even if a co-owner owns a share in the land determined as to the cause of the claim, he/she cannot exclusively possess and benefit from the common property without consultation with other co-owners. Thus, even if his/her share in the common property falls short of the majority, other co-owners may demand the person who occupies the common property to deliver or specify the common property as an act of preserving the common property.
(See Supreme Court en banc Decision 93Da9392, 93Da9408, Mar. 22, 1994, etc.). In addition, co-owners may use and benefit from all the co-owners at their share ratio, and the matters concerning the management of the co-owned property are determined by a majority of co-owners' share ratio. Thus, if one of the co-owners occupies and uses exclusively the common property without the agreement of a majority of shares among the co-owners as to the method of use and benefit from the common property, the other co-owners