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(영문) 서울서부지방법원 2016.06.15 2015가합1260
공유물분할
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiffs and the Defendants share the attached Form 1(3) and the attached Form 2(3) of Seodaemun-gu Seoul (hereinafter “instant land”) in proportion to the respective shares of the Plaintiff’s list as indicated in the attached Form 1(3) and the attached Form 2(3).

B. On the ground of the instant land, four shops consisting of 100 stores (hereinafter collectively referred to as the “instant commercial building”). The Defendants divided ownership of each shop within the instant commercial building, the ownership transfer registration of which has been completed by each unit and unit of Dong, and use part of which is in accordance with their own methods, such as direct operation of a store and lease of part to others.

C. There was no consultation on the method of dividing the instant land, which is jointly owned by the Plaintiffs and the Defendants, until the date of closing argument.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, Eul's 1 through 15 (including paper numbers) and the purport of the whole pleadings

2. The plaintiffs' assertion that the land of this case is jointly owned by the plaintiffs and the defendants is difficult to be divided by consultation, and it is difficult to divide it in kind, and therefore, the division of the jointly owned property is sought through auction.

3. According to the above facts of recognition, the commercial building of this case constitutes a sectioned building that becomes the object of independent sectional ownership by each unit, and thus, the Act on Ownership and Management of Condominium Buildings (hereinafter “Act on Ownership and Management of Condominium Buildings”) applies.

However, Article 8 of the 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 claim the partition of the site within the extent necessary for the use of the building," and the purpose of legislation is one building, and individual constituent parts of the building are the object of sectional ownership independently.

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