logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2019.09.06 2017가단244720
공유물분할
Text

1. The remainder of each real estate listed in the separate sheet after deducting the cost of the auction from the proceeds of the auction;

Reasons

1. The Plaintiff (appointed party; hereinafter only the Plaintiff) and the appointed party, Defendant K, L, and M are co-owners of the network N (Death on March 9, 2016) registered as co-owners on the registry.

The land listed in the separate sheet (hereinafter referred to as "each land of this case", and the land of this case is distinguished from the land of this case according to the sequences of co-ownership) is co-owned in proportion to each co-ownership share listed in the separate sheet. The facts that no agreement was reached between the plaintiff, the designated party, and the defendants on the method of dividing each land of this case by the closing date of argument of this case are not disputed between the parties or can be acknowledged by considering the whole purport of the statement in the separate statement (including each serial number in case of a serial number) and the whole argument. Thus, the plaintiff, the co-owner, may claim against the defendants the partition of each land of this case, which is co-owned

In cases where a co-owner agreed to divide the co-owned property and has occupied and used each part of the co-owner's own divided ownership from that time, the form of co-owner's ownership is a sectional co-ownership relationship. Thus, the registration of transfer of ownership in the name of another co-owner with respect to the part of one of the co-owner's specific ownership is a title trust registration (see Supreme Court Decision 96Da56139, Mar. 28, 1997). If such relationship is established, the nominal owner of the co-ownership can not file a claim for partition of the co-owned property on the premise that he/she is a co-owner (see Supreme Court Decision 91Da44216, Dec. 8, 192). However, in the so-called sectional co-ownership relationship, if each co-owner disposes of the co-owner's entire co-ownership as a genuine co-ownership of one parcel as stated in the register, the third party acquires co-ownership share to that real property and terminates sectional ownership relationship.

arrow