beta
(영문) 부산지방법원동부지원 2015.08.19 2014가단1685

공유물분할

Text

1. The plaintiff's claim against the defendants is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. At the time of 2001, there were 30 co-owners, Defendant A, and other co-owners with respect to the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”).

B. On December 10, 2006, on the instant real estate by reason of the trust held by the Defendant A, C, H, D, E, and F on January 31, 2007, the registration for the transfer of the entire co-owners’ shares, other than Defendant A, C, H, D, E, and F, was made in the name of the “G Promotion Committee” with the content that the trustee’s shares are 102,429/128,70 of the trustee’s shares.

C. The Plaintiff completed the registration of ownership transfer on May 12, 2009 as co-owners on May 18, 2009, with respect to the 87,414/128,700, part of the shares of the G Promotion Committee, 102,429, 128,700, which is part of the shares of the said G Promotion Committee.

The final shares registered as co-owners with respect to the instant real estate at present are as shown in attached Form 2.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 15 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff’s assertion is jointly owned by the Plaintiff and the Defendants, and as such, there is no division agreement, the Plaintiff’s auction of the instant real estate and distribute the amount after deducting the auction cost to each co-ownership.

The plaintiff was awarded a successful bid for the co-ownership of the land owned by the G Promotion Committee in the compulsory auction procedure, and is not a member of the said Promotion Committee, and is public property.

B. Article 271(1) of the Civil Act provides that "If several persons own an article as a partnership body by the provision of law or contract of law, the right of the partnership shall be extended to the whole of the partnership property." Article 704 of the Civil Act provides that "the investment and other property of the partnership shall be owned jointly by the partnership members." Thus, a partnership, the purpose of which is to carry out a business, is either the partnership's property or partnership's property."