구분소유적 공유의 개념과 법적 성질
A study on the concept and legal character of the co-ownership representing de facto partition ownership
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A study on the concept and legal character of the co-ownership representing de facto partition ownership Bae, Byung-Il The one party has deal in land, occupies and possesses its specific part of land, and then has co-ownership registration. At that time legal situation of the co-ownership representing de facto partition ownership is formed. The relationship between sale parties of the co-ownership representing de facto partition ownership is independent ownership internally and co-ownership registration with shares externally. The co-ownership representing de facto partition ownership has come into existence in the course from the principle of the opposition requisite to the principle of the materialization requisite in enforcement of Korean Civil Law in 1960. The co-ownership representing de facto partition ownership is used in dealing land or buildings. These days the more cases of the co-ownership representing de facto partition ownership is found in the Supreme Court's precedents. But the academic world does not have discussed with these cases. So the view of the another mutual name trust relation is ruled in the Supreme Court, but I have different opinion. I suggest that the co-ownership representing de facto partition ownership is not another mutual name trust relation but co-ownership. In my opinion, we can resolve the problems of the legal superficies and void shares.