공유물에 관한 법률관계

Abstract

The essence of co-ownership lies in the right of own share, which constitutes a quantitative portion of ownership. However, the legal relationships regarding an article co-owned are restricted because multiple individuals co-own a single object. This text examined the significance of acts of preservation, administration, and disposition/alteration regarding articles co-owned. And, we reviewed issues regarding the succession of decisions concerning the disposition/alteration or administration of co-owned articles. Regarding acts of preservation, the Korean Supreme Court(KSC) recognizes actions such as claims for delivery of shared property to third parties and requests for cancellation of registration as preservation acts. However, even if it is based on an act of preservation, a co-owner cannot exercise rights beyond his or her share rights. the exercise of rights beyond the right of their share based on preservation acts is not permissible. The right of use and profit of co-owners under Article 263 of the Korean civil code is specific. Moreover, administrative decisions and contracts that generates a claim should be conceptually distinguished. The decisions regarding the disposition/alteration or administration of co-owned articles are acts related to real rights, thus their effects are transferred to a specific successor. Precedents that view succession differently depending on the good or bad intentions of a particular successor are not persuasive. After acquiring a right of share, a particular successor can change the decision through a resolution based on the majority share.