(영문) 서울중앙지방법원 2020.01.14 2019가단5078902

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(영문) 서울중앙지방법원 2020.01.14 2019가단5078902

공유물분할

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 27, 2017, the Plaintiff completed the registration of transfer of ownership in the name of the Plaintiff on the ground of a public sale on June 19, 2017, as the receipt of No. 43326, which was issued on June 27, 2017, with respect to one tenth portion of the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. The instant real estate was originally sold in around 1997 by M Co., Ltd., and was used as a unit of N Condominium (hereinafter “instant condominium”), which is a resort condominium under the Tourism Promotion Act. At present, M Co., Ltd. operates the said condominium under the name of “P store.”

C. The Defendants are co-owners holding 1/10 shares of each of the instant real estate, and are members of the instant condominium.

[Ground of recognition] Unsatisfy, entry of Gap evidence No. 1, and result of each fact inquiry into O Co., Ltd.

2. As one of the co-owners of the instant real estate, the Plaintiff filed a claim for the division of the instant real estate with the court on the ground that the remaining co-owners did not reach an agreement on division with the Defendants.

However, the following facts can be acknowledged in full view of the statement No. 1, No. 1, and No. 1, and each fact-finding report to O corporation of this court.

In the first sale contract on the portion of 1/10 of the real estate acquired by the Plaintiff, the buyer cannot file a claim for the partition against the co-ownership of the land and building (Article 8). The buyer shall enter into a contract for the management of facilities with the seller or a third party recognized by the buyer for the adjustment of use, management and operation of facilities between co-owners in the use of the object of sale and purchase at the same time as the sale contract is entered into (Article 10). When the buyer intends to transfer ownership, he/she shall follow the procedure determined by the seller after the completion

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유사 판례

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