Article 18(Petitions for Objection to Decisions to Commence Partition, etc.) #
(1) A co-owner who has an objection to a decision to commence partition under Article 16 (1) may file an objection in writing with the competent cadastral authority within three weeks from the date on which the authentic copy of the written decision is served. In such cases, the competent cadastral authority shall forward the written objection to the Committee without delay.
(2) An objection under paragraph (1) may be filed only in any of the following cases: <Amended by Act No. 12634, May 21, 2014>
1. Where a person who raises an objection asserts that the land for which a decision to commence partition is made is eligible for the partition of co-owned land under Article 3 (including where a lawsuit seeking the partition of co-owned property or any similar lawsuit has been filed for the partition of the co-owned land involved after an application for partition was filed, but before the petition for objection is filed);
2. Where a person who raises an objection asserts that an application for partition fails to satisfy the requirement specified in Article 14 (1);
3. Where a person who raises an objection intends to divide co-owned land involved through a lawsuit seeking the partition of co-owned property or any similar lawsuit;
4. Where a person who raises an objection asserts that the Committee's procedure for making a decision to commence partition violates this Act;
5. Where a person who raises an objection asserts that partition under this Act is obviously contrary to fairness in determining boundaries such as the adjacency relationship to roads.
(3) A person who files an objection pursuant to paragraph (2) 3 shall file a lawsuit against all other co-owners with the competent court within three weeks from the date of filing the objection. In such cases, a duplicate of the complaint and a certificate of pending litigation shall be submitted to the competent cadastral authority.
(4) If the Committee finds that an objection filed pursuant to paragraph (2) 1, 2, 4, or 5 is unsustainable or if the person who has raised an objection pursuant to paragraph (2) 3 fails to file for a lawsuit within the period specified in paragraph (3), the Committee shall make a decision to dismiss the objection within five weeks from the date of filing the objection.
(5) If the Committee finds that an objection filed pursuant to paragraph (2) 1, 2, 4, or 5 is sustainable (in cases of the petition for objection filed pursuant to paragraph (2) 2, referring to where the failure to meet the requirement specified in Article 14 (1) is unrectified before a decision on the partition is made) or if a lawsuit under paragraph (3) is filed, the Committee shall decide to revoke the decision to commence partition within five weeks from the date the petition was filed. In such cases, the Committee shall hear the opinion of the applicant for partition before making such decision.
(6) When the Committee decides to dismiss an objection pursuant to paragraph (4), the competent cadastral authority shall serve the authentic copy of the written decision to a person who has raised an objection without delay.
(7) When the Committee decides to revoke a decision to commence partition pursuant to paragraph (5), the competent cadastral authority shall serve the authentic copy of the written decision to each co-owner without delay and shall notify interested parties thereof. In such cases, the competent cadastral authority shall give public notice of the reasons for such decision, as prescribed by Presidential Decree.
(8) When the Committee decides to revoke a decision to commence subdivision, the competent cadastral authority shall request, without delay, to cancel the registration of the decision to commence partition under Article 17, along with a certified copy of the written decision.