ACT ON SPECIAL CASES CONCERNING THE PARTITION OF CO-OWNED LANDS

Article 1(Purpose) #

The purpose of this Act is to solve the inconvenience contingent to ownershipexercising and use of land, and to contribute to appropriateness of the land controlling system, by making partition of co-owned land possible according to the simple proceedings on the bases of the present state of possession.

Article 2(Definitions) #

The definitions of terms used in this Act shall be as follows:

1. The term “public cadastral book” means the book as provided for in subparagraph 1 of Article 2 of the Cadastral Act;

2. The term “pertinent authority” means the head of Shi (the head of Ku, in case where the City has a Kus) and the head of Kun who keeps and manages the cadastral book;

3. The term “co-ownership” means a case where a piece of land is registered under the names of two or more owners in the registry;

4. The term “cadastral survey result” means the survey result that is registered in the original survey map, the area measurement book and the survey book that are drawn as a result of a cadastral survey; and

5. The term “interested party” means a person who registers any right except ownership in the registry of co-ownership land to be partitioned (except any person who registers a right as seizure, provisional seizure or injunctions).

Article 3(Object of Application) #

(1) The land partitioned by this Act shall mean the co-owned land (including a group of lands on which several pieces of co-owned land are contiguous to each other, and each piece of land is owned by the same co-owner) on which more than one-third of the co-owners own the building (including the case where a third party owns the building), whereby they specify and possess a certain part of the land equivalent to their proportional ownership of not less than one year.

(2) In counting the term of the possession provided for in paragraph (1), the term of the succeeded shall be regarded as the successor’s, in case where there is succession of possession.

(3) The land falling under any of the following subparagraphs shall not be partitioned by this Act:

1. The land, on which there is a judgment of partition of co-owned property or of its equivalent in a legal action for partition of co-owned property or its equivalent action, or on which the above mentioned action is pending in the court; or

2. The land, on which an agreement not to partition is made under the proviso of Article 268 (1) of the Civil Act.

Article 4(Charging-Affair) #

The pertinent authority shall take charge of partition-affairs of the co-owned land under this Act.

Article 5(Principle of Partition) #

(1) The partition of the co-owned land shall be made on the basis of the present state of possession of each co-owner: Provided, That if an agreement entered into between the co-owners possessing contiguous parts of land is made to divide that land in the different method from the state of possession, the land shall be divided according to that agreement.

(2) If there is an agreement on the part of the co-owned land, of which possession is not specified or of which specification itself is unclear, the partition shall be made according to the said agreement.

(3) The partition of the co-owned land by this Act shall be made with the parted property and includes one with compensation of the value.

(4) In making an agreement provided for in the proviso of paragraph (1) or (2), an agreement should be included regarding the liquidated money.

Article 6(Relation to Or Acts and Subordinate Statutes) #

In partitioning co-owned land according to this Act, provisions of restraining land-partition shall not be applied in any of the following subparagraphs:

1. Article 21-16 of the Act on the Utilization and Management of National Territory;

2. Articles 4 (1) 3 and 21 (2) of the Urban Planning Act;

3. Article 49 of the Building Act; and

4. Article 15 (1) 3 of the Balanced Regional Development and Support of Local Small and Medium Enterprises Act.

Article 7(Limitation, etc. of Co-owners and Interested Parties) #

(1) In the partition procedure by this Act, co-owners and interested parties under the application of the provision under Article 18 shall be confined to the co-owners and the interested parties at the time of the registration of the partition-starting decision under the provisions of Article 16 (4): Provided, That the same shall not apply to the case where co-owners and interested parties who obtain a right after the registration of the partition-starting decision prove and file the right.

(2) In the proviso of paragraph (1), the successor of the right shall succeed the status of the succeeded in the partition procedure.

Article 8(Special Cases of Delivery of Document) #

(1) In delivery of a document and a notice to co-owners and interested parties provided for in this Act, it shall be regarded that the delivery be made upon the lapse of a week from the day on which the document was dispatched to the address of co-owners and interested parties on the registry (the reported address, in case of reporting another address to the pertinent authority) by registered mail.

(2) In paragraph (1), where it is impossible to deliver the document because of the return of the mails or unclear addresses, etc., it shall be regarded that the delivery be made upon the expire date of the period after this is written up on the bulletin board of the pertinent authority for two weeks.

Article 9(Co-owned Land Partition Committee) #

In order to make a fair deliberation concerning the partition of co-owned land, the Co-owned Land Partition Committee (hereinafter referred to as the “Committee”) shall be established in the pertinent authority.

Article 10(Organization of Committee) #

(1) The Committee shall be composed of nine commissioners including one chairman and one vice-chairman.

(2) Any persons appointed in accordance with the following subparagraphs shall become the commissioners of the Committee: <Amended by Act No. 5454, Dec. 13, 1997; Act No. 5592, Dec. 28, 1998>

1. One judge appointed by the chief judge of the competent district court;

2. Two public officials of the fifth or higher grade pertaining to the pertinent authority;

3. One registration official appointed by the chief judge of the competent district court;

4. The head of Eup/Myon or the head of Dong in Shi/City (including the Special Metropolitan City and Metropolitan City);

5. Two persons commissioned by the pertinent authority among attorneys at law or any person of a great deal of legal knowledge; and

6. Two persons commissioned by the pertinent authority among the residents of the concerned region who have basic knowledge of law.

(3) The judge who is a commissioner shall become the chairman, and the person designated by the pertinent authority among the commissioners shall become the vice-chairman.

(4) A manager, who is not a commissioner, shall be assigned in order to manage administrative affairs of the Committee.

(5) A commissioner who is not a public official among commissioners of the Committee shall be regarded as public official in application of penal provisions of the Criminal Act, etc.

(6) Necessary matters concerning the appointment, removal and exclusion of a commissioner and the meeting and organization, operation of the Committee shall be provided by the Presidential Decree.

Article 11(Function of Committee) #

(1) The Committee shall take charge of any of the following subparagraphs:

1. Decision concerning the application of partition under Article 14 (1);

2. Decision concerning the application for an objection under Article 18;

3. Resolution on a protocol of partition under Article 26 (1);

4. Decision concerning the application for an objection under Article 31;

5. Resolution under Article 32 (4); and

6. The other matters prescribed by the Presidential Decree.

(2) The Committee may investigate a fact, or require the submission of documents by applicants and the interested parties, and make public officials of the pertinent authority find a fact by the application of co-owners or interested parties or ex officio, in case where it is recognized to be necessary in deliberation for the decision under paragraph (1).

Article 12(Decision, etc. of Committee) #

(1) The decision of the Committee concerning Article 11 (1) 1 through 5 shall be made in writing by the approval of a majority of the incumbent commissioners.

(2) The decision under paragraph (1) shall contain the holding, reasons of the decision, date of the decision and names of the commissioners participating in the decision, and all commissioners participating in the decision shall sign and seal: Provided, That if there are commissioners who refuse to sign and seal, or who have a compelling reason why they are unable to sign and seal, the signatures and seals of such commissioners may be omitted if the reasons for the said omission are given in writing.

(3) The Committee may prolong the decision-period after going through the resolution of the Committee, in case where the Committee has a compelling reason, and are unable to decide in the above period.

Article 13(Perusal of Document, etc.) #

(1) Co-owners and interested parties may peruse the document concerning the partition of the co-owned land, and attend at the Committee, and put forth an opinion or submit necessary documentary evidence in accordance with the Presidential Decree.

(2) Co-owners and interested parties may request to the pertinent authority to issue a certified copy of a document concerning the partition of the co-owned land at their own expense in accordance with the Presidential Decree.

Article 14(Application for Partition) #

(1) Co-owners may apply for the partition of co-owned land to the pertinent authority with the approval of not less than one fifth of the total number of co-owners or twenty of the co-owners according to the Presidential Decree. In this case, the applicant shall be included in counting the number of co-owners, who have given their approval.

(2) The partition-application under paragraph (1) shall not be effected by the death of the applicant or the person who approved, or assignment of their share, or revocation of approval.

(3) The application of partition under paragraph (1) may not be withdrawn after the decision to begin a partition under the provision of Article 16 (1): Provided, That it shall not be applicable in case where all the applicants and the person who approves (means a successor, where a successor succeeds to the co-owned share of the applicant or the person who approves) agree.

(4) In case where several applications for partition are filed to the same co-owned land, these may be jointly processed.

(5) The provisions of paragraphs (1) and (2) shall apply mutatis mutandis in applying consolidation, in a case of intending to consolidate and divide a group of land, on which several pieces of co-owned land are contiguous each other and each piece of land is owned by the same co-owner.

Article 15(Submission to Committee) #

(1) In case where there is an application for partition under the provisions of Article 14 (1), within five weeks, the pertinent authority, after investigating the status of possession of the concerned co-owned land and other facts and materials necessary to adjudicate whether the land may be partitioned by the provisions of Article 3, shall submit the written application and the above materials to the Committee.

(2) The pertinent authority may present a written opinion concerning the deliberation and decision of the beginning of partition in submitting the investigative result under paragraph (1) to the Committee.

Article 16(Decision and Public Notice of Beginning of Partition) #

(1) Upon receiving the application pursuant to the provision of Article 15 (1), the Committee shall deliberate on the written application and decide the beginning or dismissal of partition within five weeks.

(2) If the Committee decides the dismissal under paragraph (1), the pertinent authority shall serve the original of the written decision without delay.

(3) If the Committee decides the beginning of partition under paragraph (1), the pertinent authority shall serve the original of the written decision on each co-owner without delay, notify the interested party of the said decision, and publicly notify this decision for not less than three weeks in accordance with the Presidential Decree.

(4) When the Committee decides the beginning of partition, the pertinent authority shall entrust the registration of the decision of beginning of partition to the registry office having jurisdiction over the concerned co-owned land by its location, by furnishing it with a certified copy of the written decision of beginning of partition without delay.

Article 17(Registration of Decision of Beginning Partition) #

The registration official, to whom the registration is entrusted under Article 16 (4), shall enter this in the registry without delay and notify the pertinent authority. <Amended by Act No. 5592, Dec. 28, 1998>

Article 18(Application for Objection, etc. to Decision of Beginning Partition) #

(1) Co-owners, who have an objection to the decision of beginning partition under Article 16 (1), may apply an objection in writing to the pertinent authority within three weeks from the delivery date of the original of the written decision. In this case, the pertinent authority shall forward the application for an objection to the Committee without delay.

(2) The application for an objection under paragraph (1) shall be limited to any of the following subparagraphs:

1. In case of assertion where the land subject to the decision of beginning partition shall not be the object of the partition of co-owned land under Article 3 (including the case where a lawsuit for partition of co-owned things or its equivalent action has been instituted for a partition of the co-owned land after the application for partition and before the application for an objection);

2. In case of assertion where the application for partition fails to satisfy the requirement of Article 14 (1);

3. In case of trying to divide the concerned co-owned land by a lawsuit for partition of co-owned things or its equivalent action;

4. In case of assertion that the decision-procedure of beginning partition taken by the Committee violated this Act; and

5. In case of assertion that the partition pursuant to this Act is contrary to equity.

(3) The applicant for an objection under paragraph (2) 3 shall institute an action against all co-owners to the competent court within three weeks from the date of the application for an objection and present a duplicate of the written complaint and written evidence of an institution of the suit to the pertinent authority.

(4) The Committee shall decide the dismissal within five weeks from the date of the application for an objection, in case where the application for an objection under paragraph (2) 1, 2, 4 or 5 is recognized to be meritless or the applicant for an objection under paragraph (2) 3 has not instituted an action within the period of paragraph (3), and the Committee shall decide the revocation of the decision of beginning partition within five weeks from the date of the application for an objection, in case where the application under paragraph (2) 1, 2, 4 or 5 is recognized to be on merit (including the case of an application under paragraph (2) 2, the deficiency of the requirement of Article 14 (1) has not been corrected or supplemented until the time of the decision), or an action in accordance with paragraph (3) has been instituted. In this case, the Committee shall hear the opinion of the applicant for partition when deciding revocation.

(5) When the Committee decides a dismissal under the provision of paragraph (4), the pertinent authority shall serve the original of the written decision on the applicant for an objection without delay; when the Committee decides a revocation of the decision of beginning partition, the pertinent authority shall serve the original of the written decision to each co-owner without delay and notify the interested party of such fact and publicly notify such in accordance with the Presidential Decree.

(6) The pertinent authority shall entrust the cancellation of a registration of the decision of beginning partition under the provision of Article 17 with a certified copy of the written decision without delay when the Committee decides a revocation of the decision of beginning partition.

Article 19(Dissatisfaction with Dismissal Decision to Application for Objection) #

(1) The applicant for an objection, who is dissatisfied with the decision of dismissal under Article 18 (4), may institute an action of an objection against the applicant for partition to the competent court within three weeks from the date on which the original of the written decision is received: Provided, That this shall not be applicable where the person who has applied an objection according to Article 18 (2) 3 does not institute an action according to Article 18 (3) within that period.

(2) The court in the action under paragraph (1) shall render the judgment of the revocation of the decision of beginning partition according to this Act, in case where the above objection is on the merit.

(3) The provision of Article 18 (5) (except for the matters with respect to the service of the original of the written decision) and (6) shall be applied, mutatis mutandis , to the case where there is a finalized judgment of revoking the decision of beginning partition in the action under paragraph (1).

Article 20(Dissatisfaction with Dismissal Decision to Application of Partition) #

(1) The applicant, who is dissatisfied with the decision of dismissal according to Article 16 (1) or the decision of revocation in accordance with Article 18 (4), may institute an action of beginning partition under this Act against all co-owners to the competent court within three weeks from the date of receiving the original of the written decision.

(2) The provision of Article 16 (3) (except for the matters with respect to the service of the original of the written decision) and (4) shall be applied mutatis mutandis to the case where there is a finalized judgment of beginning partition in the action under paragraph (1).

Article 21(Confirmation of Beginning Partition) #

(1) The decision of beginning partition shall become conclusive in any of the following subparagraphs:

1. In case where there is no application for an objection within the period provided for in Article 18 (1);

2. In case where there is no action of an objection within the period provided for in Article 19 (1); or

3. In case where there is an irrevocable judgment of dismissal in the action of an objection provided for in Article 19 (1).

(2) Co-owners shall not assert that they will make a partition by the method other than partition provided for in this Act: Provided, That this shall not be applied in case where there is an agreement of all co-owners.

Article 22(Inspection and Cadastral Survey) #

(1) The pertinent authority shall inspect or survey any matters which fall under the following subparagraphs, where the decision of beginning partition becomes finalized in accordance with the provision of Article 21 (1), or where there is a finalized judgment of beginning partition in the action provided in Article 20 (1):

1. The status of ownership interest per co-owner and any interest involved thereon;

2. The Status of possession such as the area and boundary line under possession by each co-owner;

3. The Status of private roads and the part of which is actually offered for public use (hereinafter referred to as the “private road, etc.”); and

4. The necessary matters concerning the partition and liquidation.

(2) The pertinent authority may require the co-owners and possessors to present any information and materials or may investigate, if necessary for the inspection and cadastral survey provided in paragraph (1).

(3) In case of the inspection and cadastral survey provided in paragraph (1), the pertinent authority shall notify each co-owner, possessor and the interested parties of the time of the inspection and cadastral survey and the fact that they may state their opinion in attending such.

Article 23(Inspection and Survey of State of Possession Per Co-owner) #

(1) Where the pertinent authority inspects or surveys the matters under Article 22 (1) 2, it shall do so on the basis of a fence or any boundary line of current possession: Provided, That if there is an agreement provided in the proviso of Article 5 (1) or 5 (2), it shall do so in accordance with the agreement.

(2) The part of land which two or more co-owners jointly possess shall be regarded as one piece of land and be surveyed.

(3) Where it is uncertain whether or not the possessive part of each co-owner is specified, or the possessive parts of some co-owners only is specified, as a result of inspection of the possessive state of each co-owner, the pertinent authority may require the co-owners, whose part is uncertain or unspecified, of an agreement provided in Article 5 (2) within a fixed period.

(4) Where the agreement under paragraph (3) has been made, the cadastral survey shall be made in accordance with the agreement; where the agreement has not been made within the period of paragraph (3), the concerned part of the land shall be regarded as one piece of land and surveyed.

(5) A part of the land which a co-owner has a third party possess, in the case of paragraphs (1) through (4), shall be regarded as having been possessed by such co-owner.

Article 24(Inspection or Survey of Private Road, etc.) #

(1) The private road, etc. shall be regarded as being jointly possessed by the co-owners possessing the part of land which has benefitted by the concerned private road (including the persons who get the share of the part of land under Article 25 and get the use of the concerned private road, etc.; hereinafter the same shall apply), and shall be surveyed independently: Provided, That the pertinent authority may survey the private road, etc., by allocating it to the possessive part in accordance with the agreement in case where there is an agreement among such co-owners.

(2) The part, which is similar to the private road, etc. in appearance, but in fact obviously benefits the possessive part of land owned by one co-owner, shall be regarded as being possessed by such co-owner and shall be surveyed by being allocated to the said possessive part.

(3) In case of survey under paragraphs (1) and (2), the pertinent authority shall consider the location and state of the private road, the location and gates of a building, the state of the public road and other conditions in inspecting or confirming any of the following subparagraphs:

1. Whether the concerned private road, etc. benefits a part of land which some co-owners possess or all co-owners possess; or

2. Whether there are persons falling under any of the following items, or if there are, whether there is the area, among the concerned area of the share of co-ownership, to be considered as being included in the private road etc.:

(a) The co-owner who has no actual possessing part, as the original owner of that land who has divided and sold that co-owned land or its successor; and

(b) The co-owner who possesses a specified part of the co-owned land, as the original co-owner of the co-owned land who has divided and sold a part of that co-owned land or its successor.

Article 25(Survey of Part of Land without Possessor) #

(1) Among the co-owned land, the part of land (except the private road, etc.) which no co-owner possesses or a third party possesses without a right thereof shall be regarded as being jointly possessed by the following co-owners and shall be surveyed as one piece or several pieces of land in accordance with the present state: Provided, That there is an agreement by such co-owners, such part of land may be allocated to the said co-owners and surveyed in accordance with the agreement:

1. A co-owner who has no possessive part in fact; or

2. A co-owner whose possessive part is short of the area proportional to the share of the co-ownership in fact.

(2) A co-owner falling under each item of Article 24 (3) 2, if the whole area proportional to its share of co-ownership (in case of Article 24 (3) 2 (b), the difference between the actual possessive area and the area proportional to the share of co-ownership) is regarded as being included in the private road, etc., shall be excluded from the co-owners falling under each item of paragraph (1).

Article 26(Drawing up of Partition Protocol) #

(1) When the pertinent authority completes the inspection and survey in accordance with the provision of Articles 22 through 25, it shall draw up a protocol of partition and submit it to the Committee and obtain the resolution.

(2) The matters of the following subparagraphs shall be recorded in the protocol of partition under paragraph (2):

1. Present state of co-owners, the share of co-ownership of each co-owner, the area corresponding thereto and content of any interest held by interested parties;

2. The area of land which shall be, after inspection and survey under the provision of Articles 22 to 25, distributed to each co-owner, other state of such land and provisional lot number of the above distributed part;

3. The part which shall be divided into a private road independently and the lot number of it;

4. The cadastral survey result;

5. The matters concerning the liquidation, in case where there are reasons provided for in Article 40 (1); and

6. The matters concerning the cost of partition provided for in Article 43 (1).

(3) In describing the matters under paragraph (2) 2, the pertinent authority shall regard the part of land under Article 23 (2), the latter part of paragraph (4) and Article 25 (1) (except proviso) as co-owners and describe the ratio of co-ownership share and the area corresponding to it. In this case, the ratio of co-ownership share shall be based on the original share of co-ownership in the part of land under Article 23 (2) and the latter part of paragraph (4), and the difference between the actual possession area and the area corresponding to co-owned share in the part of land under Article 25 (1).

(4) In describing the matters under paragraph (2) 3, the pertinent authority shall regard the concerned private road, etc. as the co-owned land of co-owners under Article 24 (1) (except proviso) and describe the ratio of co-ownership share and the area corresponding to it. In this case the ratio of co-ownership share shall be based on the area of the part of land to which the private road, etc. offers actual convenience.

Article 27(Description of Matter concerning Liquidation) #

(1) In describing the matter under the provision of Article 26 (2) 5 the matters of any of the following subparagraphs shall be described:

1. The difference between the area corresponding to co-ownership share on the registry and the area of land which shall be distributed to each of the concerned co-owners (involving the area of co-ownership share under Article 26 (3) and (4)), and the liquidation money to it;

2. The calculation basis of the liquidation money under the provision of Article 40 (2); and

3. The following matters, if the liquidation money is not paid under the provision of Article 41 (1).

(2) In describing the liquidation money under paragraph (1) 1, if there is, for instance, an agreement concerning the liquidation money under the provision of Article 5 (4) whereby the persons who pay or receive the liquidation money per co-owner and the value of it can be specified, these shall be described separately.

Article 28(Calculation of Area corresponding to Co-ownership Share) #

In partition under this Act, when the actual area is different from the area on the registry as a result of surveying the co-owned land, the actual area based on the result of survey shall be regarded as the original area of the concerned co-owned land, and in this case, the area corresponding to the ratio of co-ownership share of each co-owner to the actual area based on the result of survey shall be regarded as the original area corresponding to the co-ownership share.

Article 29(Service and Public Notice of Certified Protocol) #

(1) When the resolution is made regarding the protocol of partition under the provision of Article 26 (1), the pertinent authority shall append the document on which are described the gists that the partition and liquidation shall be made according to the contents of the protocol of partition, and the term of the application for objection pursuant to Article 30, to the certified copy of protocol of partition, and shall serve them to co-owners and the interested parties without delay.

(2) When the resolution is made regarding the protocol of partition under the provision of Article 26 (1), the pertinent authority shall publicly notify the matters of any of the following subparagraphs for not less than 2 weeks according to the Presidential Decree:

1. Identification of the concerned co-owned land and the gist that there was application for partition and decision of beginning partition under this Act;

2. The gists that the protocol of partition was made through the resolution of the Committee and partition and liquidation will be made according to the above contents; and

3. The gists that an objection may be applied under the provision of Article 30 and the term of it.

Article 30(Application for Objection to Protocol of Partition) #

(1) The co-owners and the interested parties who have objections may apply to the pertinent authority for an objection with the document on which the reason an objection is specified, within two weeks from the date of being served the certified copy of protocol of partition under the provisions of Article 29 (1). In this case the pertinent authority shall submit the written application for an objection to the Committee without delay.

(2) An application for an objection under paragraph (1) shall be submitted only where an objection is raised with respect to the inspection survey, reconciliation of possession part or drawing a protocol of partition, etc., and the contents of protocol of partition and resolution procedure of the Committee under the provision of Articles 22 through 27.

Article 31(Decision on Application for Objection) #

(1) The Committee shall make a decision to the application for an objection under the provision of Article 30 (1) within four weeks from the date of the application for an objection, and the pertinent authority shall serve the original of the written decision on the applicant without delay.

(2) When the Committee decides under the provision of paragraph (1), it shall hear the opinion of the applicants, the involved co-owners and the interested parties.

(3) When the Committee decides to admit, the pertinent authority shall correct the concerned part of the protocol of partition, and serve the corrected certified copy of protocol of partition on the applicant, the involved co-owners and the interested parties without delay.

Article 32(Dissatisfaction to Decision) #

(1) The person who is dissatisfied with the contents of decision under the provision of Article 31, may specify the facts and institute an action for an objection to the competent court against all co-owners within three weeks from the date on which the original of the written decision or the certified copy of protocol of partition is received, and in this case the duplicate of a written complaint and the certificate of instituting an action of an objection shall be submitted to the pertinent authority: Provided, That the action of an objection may be instituted against only the concerned co-owners, when the facts of dissatisfaction are related to only some co-owners.

(2) The action under paragraph (1) shall be admitted only in case of the facts of an objection under the provision of Article 30 (2).

(3) In case where the objection to the contents of protocol of partition is applied in the action under paragraph (1), the court shall pass a judgment that settles the relation of right, and in case where there is illegality in the procedure of the resolution of the Committee, the court shall pass a judgment that revokes the resolution.

(4) When the judgment of revocation under the latter part of paragraph (3) is made final and conclusive, the pertinent authority shall submit it to the Committee without delay and acquire the resolution.

(5) The provision of Article 31 (3) shall be applied mutatis mutandis , when the judgment under the former part of paragraph (3) is made final and conclusive.

Article 33(Settlement of Protocol of Partition) #

(1) The protocol of partition (referred to as the corrected protocol of partition, in case where it is corrected under the provision of Article 31 (3) or 32 (5)) shall be made final and conclusive, in case falling under any of the following subparagraphs:

1. In a case where an objection is not applied within the period under the provision of Article 30 (1);

2. In a case where an action of an objection under the provision of Article 32 (1) is not instituted; and

3. In a case where the judgment on an action of an objection under Article 32, is made final and conclusive (except the final judgment under the latter part of Article 32 (3)).

(2) If the contents of dissatisfaction in the application for an objection under the provision of Article 30 (1) or the action of an objection under the provision of Article 32 (1) is concerned with the liquidation money or the cost of partition under Article 26 (2) 5 or 6, the protocol of partition shall be made final and conclusive except the part of dissatisfaction.

Article 34(Effect of Partition) #

(1) When the protocol of partition is made final and conclusive, the co-owned land shall be divided according to the contents of the protocol of partition, and the rights other than the ownership which exist on the share of co-ownership shall concentrate and exist on the part of land which the co-owner divides and acquires.

(2) If a mortgage is established on the share of co-ownership, the mortgage may be exercised on the liquidation money which the co-owner will receive under the final protocol of partition. In this case, the liquidation money shall be attached before being paid.

(3) Attachment, provisional attachment, injunction to the share of co-ownership shall be effected on the part of land divided which co-owners acquire under final protocol of partition, and the liquidation money which co-owners receive.

(4) The rights other than ownership which exist on all co-owned land shall not be affected by the partition under this Act.

Article 35(Effect on Successor of Protocol of Partition and Indication of Successor) #

(1) The final protocol of partition shall have an effect on the person who acquires the share of co-ownership after the decision of beginning partition is registered under the provision of Article 16 (4), and the interested party who acquires the rights other than ownership to it.

(2) The pertinent authority shall write down the identification of the successor or the new interested party on the concerned protocol of partition, when a co-owner or interested party under the provision of paragraph (1) proves the right and reports it.

(3) The pertinent authority, if necessary to entrust the registration of partition under Article 37, may ascertain the registry of the concerned co-owned land and write down the identification of the successor or the new interested party under paragraph (2).

Article 36(Adjustment of Public Cadastral Book) #

(1) When the protocol of partition becomes final and conclusive under the provision of Article 33, the pertinent authority shall adjust the public cadastral book according to the protocol of partition without delay.

(2) In the case of paragraph (1), the area on the registry shall be corrected and adjusted at first, if there are excess and deficiency of the area under the provision of Article 28 in the land.

(3) In a case where all co-owners make an application for partition accompanied by a written agreement not to liquidate, it may conclude the protocol of partition and adjust the public cadastral book without resolution of the protocol of partition under Article 26 after the decision of beginning partition.

Article 37(Entrust of Registration of Partition, etc.) #

(1) When the pertinent authority adjusts the public cadastral book under Article 36, it shall publicly notify the gist that there is a partition under this Act, and entrust the registration of partition to the registry office.

(2) The pertinent authority shall entrust the registration of the change of identification on the registry as to the land, the area of which on the public cadastral book is corrected under the provision of Article 36 (2), in making a registration of partition under the provision of paragraph (1).

(3) The registration of the change of classification of land shall be entrusted, if the land category after being divided under paragraph (1) is different from that before being divided, and the registration of consolidation shall be entrusted, if the consolidation is made under Article 14 (5).

(4) The pertinent authority shall write down the gist on the written entrusting, and append the certified copy of a cadaster or a forest land ledger and the certified copy of a final protocol of partition.

Article 38(Special Provisions of Registration of Partition) #

(1) When the registration of partition under the provision of Article 37 (1) is entrusted, the registration officials shall use the new registration paper for each divided land, and shall write down the gist that the registration is made due to entrusting of the registration of partition under the provision of Article 37 (1) in the column for identification of the above registration paper. <Amended by Act No. 5592, Dec. 28, 1998>

(2) Ownership and other rights on the share of co-ownership of co-owners who divided and acquired the concerned land shall be transcribed in the column for description of related matters in the concerned section of the new registration paper from the old registration paper, and the gist that the co-owner acquired the ownership of the concerned land due to the final partition under this Act shall be written down in the column for description of related matters of section A.

(3) Ownership and other rights on the share of co-ownership of co-owners who partitioned and acquired jointly the concerned land from the old registration paper shall be transcribed in the column for description of related matters in the concerned section of the registration paper of the land surveyed and partitioned under Articles 23 (2) and (4)(the latter part) and the main sentence of 25 (1)and the land partitioned as private road etc. under Article 24 (1), share of co-ownership under Article 26 (3) or (4) co-owner acquired the ownership of the concerned land due to the final partition under this Act shall be marked and written down in the column for description of related matters of section A.

(4) When the procedure of paragraphs (1) through (3) has been concluded, the old registration paper shall be closed.

(5) The other matters necessary for the registration of partition under this Act shall be provided by the Supreme Court Regulation.

Article 39(Notice of Concluding Registration of Partition) #

When the registration officials conclude the registration of partition, the pertinent authority shall notify each co-owner, interested party, and other person who has a right (including the person who has rights of attachment, provisional attachment or injunction) of its meaning. <Amended by Act No. 5592, Dec. 28, 1998>

Article 40(Liquidation) #

(1) In a case where the area of land partitioned which each co-owner will acquire under the final protocol of partition (including the area corresponding to the share of co-ownership under the provision of Article 26 (3) and (4)) is different from the area corresponding to the share of co-ownership on the registry, the concerned co-owner shall liquidate it according to the contents of the final protocol of partition.

(2) Liquidation money in liquidating under the provision of paragraph (1), if there is an agreement concerning the liquidation money between concerned co-owners, it shall be determined using the above agreement, and if there is no agreement, it shall be counted as prescribed by the Presidential Decree.

(3) The site of land which will be liquidated and the current price of the neighboring land shall be considered in settling the basis of the liquidation money under the provision of paragraph (2).

Article 41(Exclusion etc. of Payment of Liquidation Money to State, etc.) #

(1) The liquidation money under any of the following subparagraphs shall not be paid in spite of the provision of Article 40 (1):

1. The liquidation money on the part of land which is recognized to be part of a private road, etc. out of the liquidation money which the State or the local government shall receive; and

2. The liquidation money on the area which is recognized to be part of a private road, etc. out of the area corresponding to the share of co-ownership on the registry (the difference between the actual possession area and the area corresponding to the share of co-ownership, in the case of the Article 24 (3) 2 (b) of the person under any of items of Article 24 (3) 2.

(2) In case where there are co-owners under each subparagraph of paragraph (1), in counting the liquidation money under this Act, the total of the liquidation money which will be received by a co-owner, except the above person, who shall receive the liquidation money, shall be regarded as the total of the liquidation money of the co-owners who shall receive the liquidation money under this Act, and the liquidation money which each co-owner shall receive shall be based on the ratio of area which they shall liquidate.

Article 42(Payment of Liquidation Money, etc.) #

(1) The person who is to pay the liquidation money under this Act shall pay the money to the pertinent authority within three months from the date of settlement of the protocol of partition, and in a case where the liquidation money exceeds ten million won, it may be paid on the installment plan only three times within six months: Provided, That this shall not apply in case where there is an attachment, a provisional attachment, an injunction (including the case where the effect is extended to concerned liquidation money under the provisions of Article 34 (3)).

(2) In case the person who is to pay the liquidation money and the person who is entitled to receive the money are specified and there is an agreement with regard to the amount of money, the money may be payable to the other party regardless of the provisions of paragraph (1).

(3) In a case where the pertinent authority receives the liquidation money under the text of paragraph (1), the pertinent authority shall divide and pay the money to the person who is entitled to receive it, without delay.

(4) In a case where the person who is to pay the liquidation money under the text of paragraph (1) does not pay the money within the period, the pertinent authority may collect the money following the example of disposition of local tax in arrears.

Article 43(Cost of Partition) #

(1) The cost prescribed in the Presidential Decree among the cost which is necessary to partition under this Act shall be borne by each co-owner who has divided and acquired the co-owned land.

(2) The provision of Article 42 (4) shall be applied mutatis mutandis to the collection of cost of partition under the provision of paragraph (1) thereof.

(3) Concrete scope of cost of partition under the provision of paragraph (1), and details necessary for the process of collection, prepayment and refund of cost shall be provided in the Presidential Decree.

Article 44(Exemption from Commission for Inspection of Registry, etc.) #

When an official belonging to a pertinent authority makes an application for inspection of a registry and issuance of a certified copy or an abstract copy of a registry in need of partition of co-owned land under this Act, the commission shall be exempted.

Article 45(Jurisdiction) #

The actions under this Act shall fall under the exclusive jurisdiction of a single judge of the district court governing the location of the concerned co-owned land.

Article 46(Penal Provision) #

(1) A person who makes a mistake in the investigation and surveying by way of fraudulent means, shall be punished by imprisonment for not more than two years or by a fine not exceeding two million won.

(2) A person who interferes with the investigation and surveying of the land without justifiable cause, shall be punished by imprisonment for not more than one year or by a fine not exceeding one million won.