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(영문) 청주지방법원 충주지원 2018.11.07 2017가단4648

공유물분할

Text

1. The plaintiff (Appointeds)'s claims against the defendants are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Determination as to the cause of claim

A. The gist of the Plaintiff (Appointed Party)’s assertion is that the Plaintiff (Appointed Party) and the Appointed Party AO and the Defendants are co-owners of the area of 928 square meters or more in Chungcheongnam-si, Chungcheongnam-si, and the method of partition of the above land did not reach an agreement, and thus, the Plaintiff (Appointed Party) and the Defendants

B. In the mutual title trust relation or sectionally owned co-ownership relation, the sectional owner of a specific part of the real estate can seek implementation of the share transfer registration procedure based on the cancellation of title trust as to the specific part against the person holding a share registration in a trust relation, but cannot seek co-ownership of co-owned property as to the whole building.

(See Supreme Court Decision 2006Da84171 Decided May 27, 2010, Supreme Court Decision 91Da44216 Decided December 8, 1992, etc.). In order for the Plaintiff (Appointed Party) to seek a partition of co-owned property in the instant case, the site in the Chungcheong City AP market, where co-owners have owned each building on the relevant ground as much as the area corresponding to their own shares, the fact that the co-owners own the building on the land is not in dispute between the parties, or can be recognized in full view of the purport of the entire pleadings in the statement in subparagraph 1.

(Ga) Defendant R owned a 22.94 square meters co-ownership of 22.94 square meters and 22.08 square meters in the above building among 737.95 square meters in a 24.46 square meters in a 5-story store and a 3-story 2-story store of reinforced concrete building, a lux roof, and a 356.6 square meters in a 3-story 356.6 square meters in an underground floor, and a 24.46 square meters in a 24.46 square meters in an underground floor, and in addition, it can be recognized that each co-owner owns a specific part of the above building, such as movement, non-Dong, and Sidong, as part of the above building. Therefore, each co-owner may not file a lawsuit for partition of co-owned property on a different premise.