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TITLE [Partition of Co-owned Property, etc.] Supreme Court Decision 2006Da84171 Decided May 27, 2010 [full Text]
Summary
[1] Whether a sectional owner of a specific part of building in the mutual title trust relation or sectionally owned co-ownership relation can seek a partition of co-owned property as to the whole building (negative) [2]The case holding that persons holding a sectional ownership in each floor of the above building stand in mutual title trust relation or sectionally owned co-ownership relation and thus, they cannot seek a partition of co-owned property as to the whole building, in case where a building with physically separated floors was built and the first floor was partitioned into several stores and sold in units, and the basement and the second and third floors were sold separately; and it was registered sectionally as a sectional building and a co-owned share registration was completed depending on proportion of a unit size or sale size to the unit or whole floor purchasers [3] The method of cancelling the sectionally owned co-ownership relation of the building [4] The case holding that a person holding a sectional ownership of the first floor can seek a partition of co-owned property as to the co-owned first floor regardless of whether a sectionally owned co-ownership relation of the building was cancelled or not, in case where a mutual title trust relation or sectionally owned co-ownership relation was established among persons holding a sectional ownership to each floor of the building, under the facts that a building with physically separated floors was built and the first floor was partitioned into several stores and sold in units, and the basement and the second and third floors were sold separately; and a co-owned share registration was completed depending on proportion of a unit size or sale size to the unit or whole floor purchasers
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