logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2020.05.14 2017가합22289
공유물분할
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

A lawsuit claiming partition of co-litigation is an inherent indispensable co-litigation in which a co-owner who files a claim for partition becomes the plaintiff and all other co-owners are to become a co-defendant, and a judgment on all co-owners shall be finalized jointly. Thus, if some of co-owners become a party to the lawsuit, the whole lawsuit is unlawful

As of the closing date of the pleadings in this case, the registration of the right to a building made after the registration of the right to a site was made with respect to the plaintiffs, defendant AB partitioned buildings as of the closing date of pleadings in this case shall be effective as a registration of the right to a site (Article 2 subparagraph 6 of the Act on Ownership and Management of Condominium Buildings and Article 61 (1) of the Registration of Real Estate Act), a sectional owner's right to use a site shall be in accordance with the disposition of his/her section of exclusive ownership (Article 20 (1) of the Act on Ownership and Management of Condominium Buildings), and a registration record of land where a registration of the right to a site is registered with the purport that a right to a site is a right to a site in the case of a land ownership is a right to a site (Article 61 (4) of the Registration of Real Estate Act).

The defendant AI and the defendant AJX died on October 15, 2005, and the heir had the defendant AF, the defendant AI, the defendant AG, the defendant AJ, the defendant AJ, and the defendant AH. The defendant AF completed the registration of ownership transfer on the ground of inheritance due to the consultation and division on April 20, 206 with respect to the share of AX among the land 1 of this case. After that, the defendant AG completed the registration of ownership transfer on the part of the land 1 of this case, the defendant AG completed the registration of ownership transfer to the defendant AH. The defendant AI and the defendant AJ did not own the share in the land 1 of this case.

Unlike this, the shares of AX in the land Nos. 2 through 5 of this case are still registered as owned by AX, and the defendant AF, the heir of AX, is the heir.

arrow