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(영문) 인천지방법원 2018.12.21 2018나53835
공유물분할
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for the court’s explanation of this case is as stated in the part of the first instance judgment, except for the addition of the judgment of the plaintiff’s new argument by this court as follows. Thus, this is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiff added the land prohibited from partition of co-owned property pursuant to Article 8 of the Aggregate Buildings Act, and in light of the fact that Article 20 of the Aggregate Buildings Act provides the unity of the disposition of exclusive ownership and the right to use site, it shall be deemed to be limited to the land without any unit of land disposed of separately from exclusive ownership. The building and land in this case have been separately disposed as seen earlier, and therefore, the land in this case shall not be deemed a site prohibited from partition of co-owned property

The reason why a sectional owner is prohibited from taking a separate disposition of section for exclusive use and right to use site under Article 20 of the Aggregate Buildings Act is to ensure the stability of the residential life of the people by preventing any situation that is inevitable to obey the request for demolition of building by losing the right to use site, while treating land and buildings as independent real estate, allowing the separate disposition of both land and buildings, and thus allowing the separate disposition of both parties to make public notification of legal relationship in separate register respectively, and in accordance with the legislative policy for eliminating difficulties in understanding the legal relationship between both parties, and restricting the partition of co-owned property on the site of a building which is the object of sectional ownership under Article 8 of the Aggregate Buildings Act is to ensure the existence of an aggregate building, as in general site, if it is recognized without restricting the partition of co-owned property on the site of a building which is the object of sectional ownership.

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