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(영문) 창원지방법원 2019.08.13 2018가단123126

공유물분할

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On June 8, 2018, Plaintiff B and C purchased each share of 201573/1508656, among the shares of Plaintiff C, located in N in Kimhae-si, Kim Jong-si, 754.328 square meters (hereinafter “instant real estate”). On June 29, 2018, Plaintiff A purchased the shares of 101573/1508656 among the shares of Plaintiff C, and jointly owned the instant real estate as stated in the purport of the claim with the Defendants.

B. The instant real estate is used as part of the third floor of the Pparking Building (or Q Building), an aggregate building, as a parking lot.

Among the Pparking buildings, one story of 1,376.013 square meters is commercial buildings, and the second story of 1,378.977 square meters and the third story of 1,318.78 square meters are composed of half of the commercial buildings (in the case of three floors, the following drawings R, S, T, U part), and the parking lot of 1,318.78 square meters and the five story of 1,318.78 square meters and the five story of 1,318.78 square meters are paid parking lots owned by an individual, and the six stories are being used for outdoor parking lots.

R R SST T U / [Grounds for Recognition] Gap evidence 1, Eul 1 and 2, the purport of the whole pleadings and arguments

2. With respect to the claim of the Defendants, who are co-owners of the instant real estate and are the remaining co-owners of the instant real estate, the Defendants asserted that the instant real estate should be dismissed on the ground that: (a) it is impossible to divide the instant real estate in light of the nature of parking buildings; (b) there is a special agreement prohibiting division; and (c) if ownership is transferred to another person due to the auction division, the Defendants’ claim should be dismissed.

3. Determination as to the cause of action

A. Article 8 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “ Aggregate Buildings Act”) provides that “If one building to which the object of sectional ownership belongs exists on the site, co-owners of the site shall not request the partition of the site to the extent necessary for the use of the building.” The purpose of the legislation is one building, and individual constituent parts of the aggregate building are independent sectional ownership rights.