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(영문) 부산지방법원 2020.10.22 2019가단340822
공유물분할
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The plaintiff and the defendants are owners of each share of co-owner listed in the separate sheet among the land of this case, and there is no dispute between the parties.

2. The assertion and judgment

A. 1) The Plaintiff’s assertion 1) based on the co-ownership share of the instant land, sought a partition of co-owned property against the Defendants by means of auction division. 2) The Defendants asserted to the following purport.

Defendant B does not consent to the partition of co-owned property in auction division.

Defendant D, Q, and R agree to the partition of co-owned property in auction division.

B. Defendant E, F, H, I, J, K, L, M,O, P: The Plaintiff and the Defendants have purchased specific parts of the instant land in a mutual title trust or sectionally owned relation.

Therefore, the plaintiff cannot claim a partition of co-owned property against the defendants.

B. Determination 1) In a mutual title trust relationship or sectionally owned co-ownership relationship, a person who partitioned ownership of a specific part of real estate can only seek implementation of the procedure for share transfer registration based on the cancellation of title trust with respect to that part against the person who has a share registration in a trust as to that part, but may not seek a partition of co-owned property as to the whole real estate (see, e.g., Supreme Court Decision 2006Da84171, May 27, 2010). Furthermore, in a case where a part of a parcel of land was assigned by specifying it and completed a co-owned share registration for convenience, it is valid as a trustee registration under mutual title trust. If the specific part was transferred before it and completed the share registration, the mutual title trust relation between the first transferor and the last transferee is established, and on the other hand, the owner of a specific part in a sectionally owned co-ownership relation, who disposes of it, separately obtains consent from the owner of another part.

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