대지사용권이 부족한 구분소유자의 부당이득반환의무와 그 범위

Abstract

Sectional owners share a land provided for a condominium building from an external point of view, while internally using a specific part of the land for the section of exclusive use. This paper deals with sectional owners with insufficient land use rights. The substantial character of land use rights provides useful guidance to assess whether they are unjustly gaining benefits from the land. The unjust enrichment claim brought against a sectional owner with insufficient land use rights should be dismissed, while the same claim by shareholders of the land without sectional ownership can be established. The claims against sectional owners with proper amount of the rights should not be accepted. The scope of unjust enrichment is calculated as follows: Appraised value of the rent × Each sectional owner's insufficient amount of share / Plaintiff's share of land. They bear the responsibility separately, not indivisibly.