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Reasons
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(영문) 울산지방법원 2015.02.12 2013가단17819
공유물분할
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1. The plaintiff's action against the defendant AH, AI, AJ, AK, AL, AM, AO, AP, Q, AR, AS, ATS, ATS, AU, and AV shall be dismissed.

2. At port;

Reasons

1. Basic facts

A. From February 201, Defendant AC Co., Ltd. (hereinafter “Defendant Company”) planned to develop and sell a 39419mm2 (hereinafter “instant land”) for the electric source housing site in Nam-gu, Nam-gu, Mapo-si (hereinafter “instant land”) from February 201.

B. From October 2010, the Defendant Company entered into a sales contract with the remaining Defendants except AX and the Defendant Company, and with the Defendants, AY, AZ, BA, BB, BC, and BD to sell some of the instant land.

(Defendant Company sold 1322/78838 shares to AX on October 4, 2010 to KRW 40,000,000).

From February 10 to July 9, 2013, from February 10, 2011 to July 9, 2013, the Defendant Company completed the share transfer registration to Defendant AH, AI, AJ, AK, AL, AM, N, AO, Q, AP, Q, AR, AS, ATS, ATS, BA, BB, BC, and BD.

On August 29, 2011, the Plaintiff purchased shares from AX in KRW 40,00,000, and completed the transfer registration of shares.

E. AY, AZ, BA, BB, BC, and BD re-transfer the shares of the instant land purchased from December 2012 to the Defendant Company.

F. The current co-ownership relationship of the instant land is as shown in the annexed sheet.

(A) The public disturbance of equity indicates that the registration of transfer of equity has not been completed among the defendants). [Grounds for recognition] The absence of dispute, Gap evidence 1, 3, Eul evidence 1-1 through 49, Eul evidence 2 through 45, respectively, 1, 2, Eul evidence 46, and the purport of the whole pleadings.

2. The plaintiff's ex officio determination as to the legitimacy of the suit against Defendant AH, AI, AJ, AK, AK, AL, AM, AO, AP, Qu, AR, AS, ATS, AT, AU, and AV is examined.

According to the facts found above, it is recognized that Defendant AH, AI, AJ, AK, AK, AL, AM, Am, AO, Q, AP, AR, AS, ATS, ATS, AU, and AV concluded a sales contract to purchase each of the land of this case with the Defendant Company, but did not complete the registration of share ownership transfer.

The standing to join a partition of co-owned property can only be co-owners. Thus, the above Defendants, not co-owners of the land of this case, are not co-owners.

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