Where there is an agreement on partition of co-owned property among co-owners, the type of ownership (the sectionally owned co-ownership relationship

In a case where the co-owners agreed to divide the co-owned property, and each part divided as owned by them has been occupied and used, the form of co-owners' ownership is a sectional co-ownership relationship. Therefore, the registration of transfer of ownership in the name of other co-owners as to the specific part owned by one of the co-owners is a title trust registration.

Article 268(1) of the Civil Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jae-soo et al., Counsel for plaintiff-appellant)

Lee Jae-won (Attorney Park Jae-sik, Counsel for the defendant-appellant)

Maximum (Attorney Lee Jong-soo, Counsel for the defendant-appellant)

Seoul High Court Decision 96Na12964 delivered on November 27, 1996

The appeal is dismissed. The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. On the first ground for appeal

The court below held that the non-party 1, the non-party 1, the non-party 1, the non-party 1, the non-party 1, the non-party 1, the non-party 1 and the defendant owned each share of the land in this case. The non-party 1, the non-party 1, the non-party 1, the non-party 1, the non-party 2, the non-party 1, the non-party 1, the non-party 1, the non-party 2, the non-party 1, the non-party 1, the non-party 2, the non-party 2, the non-party 2, the non-party 2, the non-party 1, the non-party 1, the non-party 1, the non-party 2, the non-party 1, the non-party 1, the non-party 1, the non-party 1, the non-party 2, the non-party 1, the non-party 1, the non-party 1, the defendant 2, the non-party 1, the plaintiff 1, the plaintiff 2.

2. On the second ground for appeal

The court below is justified to have rejected the defendant's defense that the plaintiff's claim of this case violated the principle of good faith or constitutes an abuse of rights, and there is no error of law by misunderstanding the principles of good faith or the legal principles on abuse of rights as alleged in the grounds of appeal.

3. Therefore, the appeal shall be dismissed and all costs of appeal shall be assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Park Jong-ho (Presiding Justice)