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The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
judgment of the first instance.
Reasons
1. The reasoning of the judgment by the court of first instance is as follows, except for the addition of the judgment of the claimant and the propriety of the exercise of the claim, and thus, it is consistent with the reasoning of the judgment by the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. Article 271(1) of the Civil Act provides that "if several persons own an article as a partnership by the provision of law or contract, it shall be owned by all together-ownership of the article." (This provision is a mandatory provision under the Real Rights Act, and therefore, it shall not be deemed to own an article as a partnership if the partner who is a partner of the partnership owns an article as a partnership." (Article 704 of the Civil Act provides that "the investment and other property of the partnership shall be owned by the partnership partner." Thus, if a partnership aimed at operating a business has acquired the ownership of an article as a partnership or partnership property, it shall be naturally owned by the partnership company pursuant to the provision of Article 271(1) of the Civil Act (Article 187 of the Civil Act) and there is no relation with "acquisition of a real right under the provision of the Civil Act" (Article 187 of the Civil Act). Therefore, if a partnership has acquired real property by a juristic act, it is required to register the ownership transfer to each partner's share in the partnership's name instead of co-ownership.
(See Court Decision 2000Da30622 delivered on June 14, 2002)
B. In the instant case, the parties acquired real estate as a partnership for the purpose of the partnership business, and thus, the land in this case is the co-ownership of the Plaintiff and the Defendants. Accordingly, the Plaintiff’s claim in this case is an act of preserving the Plaintiff’s members, as stipulated in the proviso of Article 272 of the Civil Act, and is the counter-party to the preservation act.