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1. The Defendants are individually appointed parties:
(a) the delivery of land listed in the annex;
(b)18,925 Won and its corresponding;
Reasons
1. Claim against the defendant B
A. 1) The land listed in the [Attachment] as of the date of recognition (hereinafter “instant land”).
(ii) D died on February 13, 1969.
The Plaintiff (Appointed Party) and the Defendants are the successors of the Plaintiff (Appointed Party) and the Defendants, and their inheritance shares are Plaintiff (Appointed Party) 4/22, 4/22, Selection E 1/22, F1/22, G1/22, Selection G1/22, Selections H6/242, 1/22, 1/22, 3/66, and 32/66.
3) Defendant B cultivated the instant land from around 2013 to around 2013 without consultation with the Plaintiff (Appointeds) and the designated parties. (4) At present, the rent of the instant land is KRW 360,000 per annum.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 3, 5 through 8, 10, 11, Eul's 1 and 2, and the purport of the whole pleadings
B. A co-owner of the land determined as to the cause of the claim may use and make profits from the entire land according to the share ratio of each co-owner, but the specific method of use and profit-making cannot be exclusively occupied and used by one of the co-owners unless a majority of shares is agreed among the co-owners. Thus, if a part of the co-owner exclusively occupies and uses the entire land, the remaining co-owners may seek an exclusive exclusion from the use as an act of preservation of the jointly-owned property, and the remaining co-owners shall make unjust enrichment corresponding to their share for a person who has the share among the other co-owners but does not use and make profits from
(see, e.g., Supreme Court Order 92Ma290, Jun. 13, 1992; Supreme Court Decision 2000Da17803, Oct. 11, 2002). Based on these legal principles, Defendant B cultivated the instant land without consultation with the Plaintiff (Appointed Party) and the designated parties, as such, on the ground that Defendant B cultivated the instant land without consultation with the Plaintiff (Appointed Party) holding a majority of the instant land (see, e.g., 127/242 = 4/224/221/221/221/221/26/121/242).