공유자간 이해의 충돌, 해결방안과 그 한계 - 소수지분권자의 배타적 공유물 점유 사안을 중심으로 -- 대법원 2020. 5. 21. 선고 2018다287522 전원합의체 판결 -

Abstract

The Property Co-ownership system is a kind of common ownership where a property is jointly owned by two or more people. It has an individualistic character that does not presuppose the relationship between co-owners, which is unlike other types of common ownership such as partnership-ownership or collective ownership of a group. It is conceptual and abstract that co-owners share their property by interest. The specific management measures are supposed to be decided by a majority of the shares, but how to resolve disputes among minority interest holders in the absence of such a decision? In this regard, the object judgment seeks to find a solution in the nature of the co-ownership right. The Supreme Court admitted the request for exclusion interference in light of the fact that unless there is a majority decision on how to manage the property, even a co-owner should not unfairly infringe the interest of other co-owners. It is not because it is a preservation to maintain the value of the property, but it is recognized as the rights of co-ownership. In particular, the Supreme Court made is clear that the claim for the delivery of the property cannot be accepted among the minority stakeholder, which had previously been recognized as a firm case law. In order to reconcile conflicts between co-owners, courts cannot arbitrarily take action beyond the equity interests held by individual shares.