The Issue of Claims for Return of Unjust Unrichment between the Land Co-owner who are not the Sectional Owner and the Sectional Owner

The Supreme Court Decision 2017Da257067 changed the previous precedent on the issue of claim for return of unjust enrichment between the land co-owner who are not the sectional owner and the sectional owner. In the case of joint ownership of the site of the condominium building, the general rule of co-ownership under the Civil Act does not apply, and a new legal principle was proposed that the land co-owner who are not the sectional owner cannot claim the return of unjust unrichment against the sectional owner who has an proper share of the site according to the area ratio of the section for exclusive use. This decision was based on the concept of ‘proper land share’ as well as the integral indivisibility of the section for exclusive use and the right to use site. However, I think that excluding the application of general legal principles regarding co-ownership under the Civil Act in the joint relationship of the site of the condominium building is an interpretation that goes beyond the contents of the Act on Condominium Buildings. Therefore, it is reasonable to assume that even in the sharing relationship of the site for condominium building, the co-owner of the site, not the sectional owner, can claim the return of unjust unrichment from the use and profit of the site against the sectional owner.