공유물분할
The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
The gist of the Plaintiff’s claim is that the Plaintiff filed a lawsuit against the Defendant for revocation of a fraudulent act against the Defendant, and the Changwon District Court Decision 2019Da109585 Decided November 6, 2019 ruled that with respect to the shares of 1/3 of the instant real estate, the agreement for division of inherited property concluded on July 18, 2018 between the Defendant and C was revoked and the Defendant fulfilled the procedure for registration cancellation of ownership transfer registration with respect to shares of 1/3 of the instant real estate.
The real estate of this case is owned by C in proportion to 1/3 and 2/3 of the Defendant. Since compulsory execution against C’s share is not possible due to the right to collateral security established on the real estate of this case, it is impossible for the Plaintiff to remaining, as a creditor of C, by subrogation of C in order to preserve the Plaintiff’s claim, the Plaintiff seeks to divide the price of the real estate of this case
2. The obligee’s exercise of the right to partition of co-owned property on behalf of the obligor in order to preserve his/her monetary claim is not directly related to the preservation of the responsible property, and it is difficult to deem it necessary to ensure the effective and proper performance of the claim, and it is difficult to view it as necessary to preserve the obligor’s free property management.
In addition, in light of the nature of the right to claim a partition of co-owned property, which is not premised on a specific method of partition, there are several legal problems that allow the exercise.
Therefore, unless it is extremely exceptional, the monetary claimant cannot exercise the right to partition co-owned property as to real estate.
This means that the co-ownership of the debtor is jointly secured with the co-ownership of the other co-owners, and the secured claim of the right to collateral is not likely to remain at the auction of the debtor's co-ownership exceeding the co-ownership value of the debtor's co-ownership.