공유물분할
1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff, Defendants, and designated parties share the instant land in their respective shares stated in the purport of the claim.
B. On July 16, 2014, the Seongbuk-gu Seoul Committee on Partitioning Co-Owned Land (hereinafter “instant decision to commence subdivision”) issued a decision to commence subdivision on the instant land, and accordingly, the registration of the decision to commence subdivision was completed on July 22, 2014, and the said decision to commence subdivision became final and conclusive thereafter.
[Ground of recognition] Facts without dispute, entry of evidence Nos. 2 and 3, the purport of the whole pleadings
2. The plaintiff, as co-owner of the land of this case, filed the lawsuit of this case against the defendants and the designated parties, who are other co-owners of the land of this case. We examine the legitimacy of the lawsuit of this case ex officio.
A. The Act on Special Cases Concerning the Partition of Co-Owned Land (hereinafter “Act on the Partition of Co-Owned Land”) provides that the competent cadastral authority shall take charge of the affairs to divide co-owned land according to the simplified procedure based on the current status of occupation of co-owned land (Articles 2 and 4). However, the competent cadastral authority shall establish a committee for partition of co-owned land in order to ensure fair deliberation and resolution on matters concerning co-owned land. The competent cadastral authority shall establish a committee for partition of co-owned land to decide on the partition of co-owned land. The two-stage procedures, namely, ordering the commencement of partition and preparation of a protocol of partition according to the inspection and measurement, and
In addition, the Act on the Partition of Co-Owned Land allows at least 1/5 of the total number of co-owners or at least 20 co-owners to apply for the subdivision of co-owned land with the consent of the competent cadastral authority, and there is no objection within the statutory deadline, or an objection is filed against the decision to dismiss an objection against the decision to commence subdivision within the statutory period.