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The Defendant, as the Plaintiff
(a) KRW 1,574,396 as well as 5% per annum from April 26, 2017 to December 18, 2020; and
Reasons
1. Basic facts
A. On November 18, 1996, the Defendant completed the registration of ownership transfer for 23.23/1,345.8 shares among the real estate listed in the separate sheet (hereinafter “instant real estate”) and completed the registration of ownership transfer for 44.05/1,345.8 shares among the instant real estate around February 14, 2012.
B. The Deceased died on July 15, 2018 while the instant lawsuit was pending, and as his inheritor, D and B were the deceased. Around October 4, 2018, D was adjudicated by the Seoul Family Court on acceptance of the declaration of renunciation of inheritance from the deceased, and the Plaintiff was the sole inheritor of the deceased.
C. From April 15, 2015, the Defendant solely occupies and uses the instant real estate.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 9, the purport of the whole pleading
2. The assertion and judgment
A. The plaintiff's assertion is that the defendant exclusively uses and benefits from the real estate of this case without the consent of a majority of co-owners. The plaintiff seeks to deliver the real estate of this case to the defendant by the act of preservation around, and the defendant is not entitled to use and benefit from the plaintiff's co-ownership. Thus, the plaintiff is obligated to withdraw from
In addition, the Defendant received 140,000,000 won as deposit by leasing the instant real estate to E, and received 150,000,000 won as deposit by leasing the instant real estate to F. From April 15, 2015, the Defendant exclusively uses and benefits from the instant real estate from April 15, 2015. As such, from February 10, 2012 to April 14, 2015, the Defendant delivery the Plaintiff of the instant real estate equivalent to the Plaintiff’s share interest, among the commercial bank interest in each lease deposit as a commercial bank, from April 15, 2015, from April 15 to April 25, 2017, the amount equivalent to the Plaintiff’s share interest during the period from February 10, 2012 to April 14, 2015, from April 15 to April 25, 2017.