(심리불속행) 공유자사이의 조정의 성립이 있다할지라도 재판에의한 공유물분할과 마찬가지로공유관계가 소멸하는 것이 아님[국승]
Seoul High Court-2014-Nu-73700 (2015.06.05)
Even if there is a conciliation established between co-owners, the co-ownership relationship does not cease to exist as in the case of co-owned property partition in a trial.
(Summary) Co-owned property partition by conciliation is not a new legal relationship, but a new legal relationship is created, and a co-owner's co-owned share is transferred to another co-owner's co-owned share with respect to the part to be owned individually after completion of the procedure for subdivision of land as agreed by co-owners, and the co-owner acquires ownership as a
Article 24 of the National Tax Collection Act
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the argument on the grounds of appeal by the appellant falls under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal, and therefore, the appeal is dismissed under Article 5 of the same Act. It is so decided as