[낙찰허가][공2001.10.15.(140),2149]
Persons subject to appraisal and assessment in holding a bid for sectionally owned co-ownership shares (=specific sectionally owned objects)
In the event that two or more persons agree to divide ownership among one building, the location and area of which are specified, and parts independent in structure and use are registered at the proportion corresponding to the size of each sectional ownership for convenience, the so-called sectionally owned co-ownership relation between co-owners constitutes a mutually owned co-ownership relation. Since the acquisition of ownership by winning a contract is an acquisition by succession, the right to collateral security for co-ownership of a specific part of one building is established and the successful bidder who acquired the above co-ownership share through the execution of the right to collateral security is entitled to acquire the sectionally owned co-ownership share, since the right to collateral security for co-ownership of a specific part of the building has been established and the successful bidder who acquired the above co-ownership share through the execution of the right to collateral security is entitled to acquire the sectionally owned co-ownership share. Thus, the execution court which makes a bid for the sectionally owned co
Articles 186 and 262 of the Civil Act; Articles 615 and 649 of the Civil Procedure Act
Supreme Court Decision 88Meu14366 Decided June 26, 1990 (Gong1990, 1551) Supreme Court Decision 91Da3703 Decided August 27, 1991 (Gong1991, 2419) Supreme Court Decision 98Da46778 Decided March 14, 200 (Gong200Sang, 956)
Re-appellant
Seoul District Court Order 2000Ra452 dated March 20, 2000
The reappeal shall be dismissed. The expenses of reappeal shall be borne by the re-appellant.
The grounds of reappeal are examined.
In a case where two or more persons agree to divide ownership among one building, the location and area of which are specified and independent in structure and use, and the registration is made in proportion to the area of each sectional ownership for convenience, the so-called sectionally owned co-ownership relation between co-owners constitutes the so-called sectionally owned co-ownership relation. Since the acquisition of ownership by winning a contract by winning a contract constitutes a mutually owned co-ownership relation between co-owners. Since a right to collateral security for co-ownership of a specific part of one building is established, the successful bidder who acquired the above co-ownership share through the execution of the right to collateral security (see Supreme Court Decision 91Da3703, Aug. 27, 1991) acquires co-ownership of sectionally owned co-ownership as it is (see Supreme Court Decision 91Da3703, Aug. 27, 1991).
According to the reasoning of the order of the court below, the court below determined that the non-appealed part of the above 1st and 3th and 7th and 1/2 of the above 1st and 7th and the above 1st and 9th and 9th and above 1,144th and 140.55 square meters of 2nd and 140th and 140.57th and the aggregate of the areas excluding rooftops is 9,912.57 square meters of the above 1st and 9th and 9th and 9th and 1/2 of the above 1st and 7th and 9th and 1/2 of the 1st and second of the 1st and second of the 1st and second of the 2nd and second of the 1st and second of the 1st and second of the 1st and second of the 1st and second of the 1st and second of the 2nd co-owned shares were also owned by the court.
In light of the above legal principles and records, the above recognition and judgment of the court below are just, and there is no error of law as otherwise alleged in the grounds for reappeal. The grounds for reappeal cannot be accepted.
Therefore, the reappeal is dismissed, and the costs of reappeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Seo-sung (Presiding Justice)