(영문) 서울남부지방법원 2014.09.23 2014가단14096

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(영문) 서울남부지방법원 2014.09.23 2014가단14096

공유토지불할개시결정에대한이의

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1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. The following facts are based on the following facts: (a) the plaintiffs and the Defendants do not dispute each other; or (b) Gap evidence Nos. 1-2, 2, 3, and 1-2; and (c) the purport of the whole pleadings.

With respect to co-owned land of this case, the plaintiffs were registered as co-owner of share on July 10, 201 as to the shares of 2.3/49.6 shares, and the defendants were registered as co-owner of share on September 17, 2013 as to shares of 2.5/49.6 shares.

B. On September 17, 2013, the Defendants registered the ownership transfer of each 1/2 share of the store building 148.99 square meters (hereinafter “instant store building”) constructed on the instant co-owned land on the instant co-owned land.

C. On December 12, 2013, the Defendants filed an application for the partition of the instant co-owned land with the head of Yeongdeungpo-gu, the competent cadastral authority of the instant co-owned land, and the Yeongdeungpo-gu, upon receiving the application for partition from the head of Yeongdeungpo-gu, the Yeongdeungpo-gu, upon receiving the application from the head of the competent cadastral authority of the instant co-owned land, the Yeongdeungpo-gu Committee (hereinafter referred to as the “Committee”) decided to commence partition on December 23, 2013 (hereinafter referred

On January 8, 2014, the Plaintiffs asserted that the instant co-owned land is not subject to co-owned land partition under Article 3 of the Act on Special Cases Concerning the Partition of Co-owned Land, but the Committee dismissed the said objection on February 18, 2014.

2. Determination as to the cause of claim

A. As to the assertion that co-owned land is not subject to co-owned land partition, ① co-owned land of this case is co-owned by the Plaintiffs and the Defendants, ② the Defendants owned the building of this case on the land corresponding to at least 1/3 of the total number of co-owners, ③ the size of the respective shares of the Defendants against the building of this case [74.4950 square meters (i.e., the size of the building area 148.9 square meters x 1/2)] and the Defendants’ shares against the co-owned land.

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-공유토지분할에 관한 특례법 제3조

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