ACT ON SPECIAL CASES CONCERNING THE PARTITION OF CO-OWNED LANDS
Act No. 3811, May 8, 1986
Amended by Act No. 4381, May 31, 1991
Act No. 4422, Dec. 14, 1991
Act No. 4875, Jan. 5, 1995
Act No. 5454, Dec. 13, 1997
Act No. 5592, Dec. 28, 1998
Act No. 7037, Dec. 31, 2003
Act No. 11363, Feb. 22, 2012
Act No. 11690, Mar. 23, 2013
Act No. 12634, May 21, 2014
Act No. 12738, jun. 3, 2014
Act No. 13805, Jan. 19, 2016
Act No. 14710, Mar. 21, 2017
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to resolve inconveniences in the exercise of ownership of land and the use of land and to ensure the appropriateness of the land management system, by permitting landowners to subdivide jointly-owned land based on the current status of occupation.
The terms used in this Act shall be defined as follows: <Amended by Act No. 12634, May 21, 2014; Act No. 12738, Jun. 3, 2014; Act No. 13805, Jan. 19, 2016>
| 3. | The term "co-owned land" means land falling under any of the following: |
| a. | a parcel of land the title to which is registered in the names of at least two owners in the relevant register; |
| 4. | The term "cadastral survey product" means a land survey products registered in actual cadastral survey maps, the area measurement register, and the cadastral survey register prepared subsequent to a cadastral survey; |
| 5. | The term "interested party" means a person whose rights and interests, other than ownership, are registered in the register for a parcel of co-owned land subject to partition(excluding persons holding a right to attachment, provisional attachment, or provisional injunction). |
| Article 3 (Scope of Application) |
| (1) | Land eligible for partition under this Act shall be co-owned land (including multiple parcels of co-owned land adjacent to one another, each of which is owned by the same co-owners; hereafter the same shall apply in this Article) out of which at least one-third of all co-owners occupy a specified portion of land equivalent to each co-owner's share respectively for not less than one year by owning a building on the land (including a case where co-owners permit a third party to own a building thereon). |
| (2) | Notwithstanding paragraph (1), this Act shall apply to the land for the welfare facilities prescribed in subparagraph 14 of Article 2 of the Housing Act, excluding the following facilities: <Newly Inserted by Act No. 12634, May 21, 2014; Act No. 13805, Jan. 19, 2016> |
| 1. | Neighborhood community facilities; |
| 2. | Other facilities prescribed by Presidential Decree. |
| (3) | For the purposes of calculating the period of occupation under paragraph (1), when occupation is succeeded, the period during which a person who succeeds occupation has occupied shall be deemed the period during which the person who succeeds has occupied. <Amended by Act No. 12634, May 21> |
| (4) | Land which falls under any of the following shall no be subject to partition under this Act: <Amended by Act No. 12634, May 21> |
| 1. | Land regarding which a court ruling on a lawsuit seeking the partition of co-owned land or any similar lawsuit has been rendered to order the partition or such lawsuit is still pending in a court; |
| Article 4 (Competent Authority for Administrative Affairs) |
The competent cadastral authority shall govern administrative affairs regarding the partition of co-owned land under this Act.
| Article 5 (Principles for Subdivision) |
| (1) | The partition of co-owned land under this Act shall be based on the status of occupation of the land by each co-owner: Provided, That if co-owners who occupy portions of land adjacent to one another have made an agreement (referring to an agreement that includes the liquidation money for the partition; the same shall apply hereafter in this Article) that the land would be partitioned inconsistently with the current status of occupation, the land shall be divided according to such agreement. |
| (2) | If the relevant co-owners have agreed upon the partition of the portions possessed by each co-owner but such portions have not been identified or it is unclear whether such portions have been identified, the land shall be partitioned in accordance with the agreement. |
| (3) | The partition of co-owned land under this Act shall be made in kind. In such cases, partition by compensating for the price shall be included. |
| Article 6 (Relationship to other Acts) |
| (1) | The provisions regarding restrictions on the partition of land prescribed in the following Acts shall not apply to the partition of co-owned land under this Act: <Amended by Act No. 12634, May 21> |
| Article 7 (Limitations, etc. on Co-Owners and Interested Parties) |
| (1) | For the purposes of procedures after a decision is made to commence partition under Article 16 (1), co-owners and interested parties shall be limited to the co-owners and interested parties registered in the register of the decision to commence partition under Article 17: Provided, That the foregoing shall not apply where a co-owner or interested party who acquires a right or interest after the decision to commence partition is registered files a report as to his/her right or interest, proving his/her right or interest. |
| (2) | A person who acquires a right or interest by succession under the proviso to paragraph (1) shall succeed to the status of the person whose status is succeeded to in procedures for subdivision. |
| Article 8 (Special Cases concerning Service of Documents) |
| (1) | The notice or any other document to a co-owner or interested party shall be deemed served on the date immediately following one week from the date on which such notice or document is dispatched to the address on registry of the co-owner or interested party (if a different address has been reported to the competent cadastral authority, the reported address) by registered mail. |
| (2) | In cases falling under paragraph (1), if it is impracticable to serve a document because of the return of mail, an incorrect address, etc., such document shall be deemed served at the end of the period of two weeks during which the document has been posted on the bulletin board of an office affiliated to the competent cadastral authority. |
| (3) | Where the notice or any other document is to be served with respect to any co-owned land prescribed in subparagraph 3 (b) of Article 2 in accordance with Articles 18 (7), 22 (3), 29 (1), 31 (1) and (3), or 39, notwithstanding paragraph (1), the dispatch of notice or document by registered mail may be replaced by a public notification for not less than three weeks on the bulletin board of an office affiliated to the competent cadastral authority and the bulletin board and website of the management office of a multi-family housing subject to partition. In such cases, the service of notice or any other document shall be construed made on the date of the public notification. <Newly Inserted by Act No. 12634, May 21, 2014> |
CHAPTER II CO-OWNED LAND PARTITION COMMITTEE
| Article 9 (Co-Owned Land Partition Committee) |
The Co-owned Land Partition Committee (hereinafter referred to as the "Committee") shall be established as an affiliate to a competent cadastral authority in order to impartially deliberate on and resolve matters regarding the partition of co-owned land.
| Article 10 (Formation of Committee) |
| (1) | The Committee shall be comprised of nine members, including one chairperson and one vice chairperson. |
| (2) | Members of the Committee shall be comprised of the following persons: |
| 1. | One judge appointed by the chief judge of the competent District Court; |
| 2. | Two Grade V, or higher-ranking, public officials from the competent cadastral authority; |
| 3. | One registration officer appointed by the chief judge of the competent District Court; |
| 4. | The head of the Eup/Myeon/Dong having jurisdiction over the area involved; |
| 5. | Two persons commissioned by the competent cadastral authority from among attorneys-at-law or other persons with abundant legal knowledge; |
| 6. | Two persons commissioned by the competent cadastral authority from among local residents who have sound knowledge about law. |
| (3) | The judge appointed as a member shall serve as the chairperson, while the vice chairperson shall be designated by the competent cadastral authority from among other committee members. |
| (4) | The Committee shall have one administrative secretary, in addition to committee members, in order to carry out administrative affairs. |
| (5) | Committee members who are not public officials, among members of the Committee, shall be deemed public officials in application of penalty provisions of the Criminal Act or any other Act. |
| (6) | Other necessary matters regarding the appointment, dismissal, and exclusion of committee members and the organization, operation, and meetings of the Committee shall be prescribed by Presidential Decree. |
| Article 11 (Committee's Functions) |
| (1) | The Committee shall decide or pass a resolution on the following matters: |
| 1. | Decision on the commencement of partition under Article 16 (1) or on the dismissal thereof; |
| 2. | Decision on a dismissal under Article 18 or on the revocation of a decision to commence partition; |
| 3. | Resolution on a written protocol under Article 26 (1); |
| 4. | Decision on whether to sustain a petition for objection under Article 31; |
| 6. | Other matters specified by Presidential Decree. |
| (2) | If the Committee deems it necessary for deliberation in making a decision under paragraph (1), it may conduct fact-finding investigations, ex officio or at the request of a co-owner or any other interested party, or may demand an applicant or interested party to submit necessary documents and may also authorize public officials of the competent cadastral authority to conduct fact-finding investigations. |
| Article 12 (Committee's Decisions, etc.) |
| (1) | A decision or resolution by the Committee under Article 11 (1) 1 through 5 shall be made or adopted in writing by concurrent votes of a majority of current committee members. |
| (2) | The formal adjudication, the reasons for and the date of decision or resolution, and the names of the committee members participating in the decision or resolution shall be entered in a written decision or resolution on which all committee members participating in the decision or resolution shall place their signatures or seals: Provided, That if any committee member refuses to, or is unable to, place his/her signature or seal, such committee member's signature or seal may be omitted with the reason therefor stated. |
| (3) | If the Committee is unable to make a decision within the period specified for decision-making in Article 16 (1), 18 (4) or (5) or 31 (1) due to unavoidable circumstances, it may resolve to extend the period. |
| Article 13 (Perusal of Documents, etc.) |
| (1) | Co-owners or interested parties may read documents related to the partition of co-owned land, and attend a meeting of the Committee to state their opinions or submit necessary evidential documents as prescribed by Presidential Decree. |
| (2) | Co-owners or interested parties may ask the competent cadastral authority to issue a certified copy of documents related to the partition of co-owned land at their own expense as prescribed by Presidential Decree. |
CHAPTER III COMMENCEMENT, ETC. OF PARTITION
| Article 14 (Application for Partition, etc.) |
| (1) | A co-owner may file an application to divide co-owned land, with at least one-fifth of all co-owners or at least 20 co-owners, with the competent cadastral authority, as prescribed by Presidential Decree. In such cases, the applicant shall be included among the required number of consenting co-owners. |
| (2) | The validity of an application filed for partition under paragraph (1) shall not be affected by the death, the transfer of the share, or the withdrawal of consent of the applicant or consenting person. |
| (3) | No application filed for partition under paragraph (1) shall be voluntarily withdrawn after a decision to commence partition is made pursuant to Article 16 (1): Provided, That the foregoing shall not apply where otherwise agreed by the applicant and all consenting persons (if the ownership of shares of the applicant or other consenting persons have been succeeded, referring to the successors.) |
| (4) | If at least two applications have been filed to divide a parcel of co-owned land, such applications may be jointly proceeded. |
| (5) | Where co-owners of at least two parcels of co-owned land adjacent to one another intends to merge the parcels of co-owned land for partitioning again, paragraphs (1) and (2) shall apply mutatis mutandis to the application for merging. |
| (6) | Notwithstanding a decision to dismiss an application or to revoke the commencement of partition under Article 16 (1) or 18, an application for partition filed under paragraph (1) shall not be affected if its defects have been remedied. <Newly Inserted by Act No. 12634, May 21, 2014> |
| Article 15 (Referring to Committee) |
| (1) | Upon receipt of an application for partition under Article 14 (1), the competent cadastral authority shall examine data necessary to determine the current status of occupation of the relevant co-owned land or whether the land is eligible for partition under Article 3 and shall submit such data to the Committee, along with the application, within five weeks. |
| (2) | When the competent cadastral authority submits an outcome of its examination under paragraph (1) to the Committee, it may submit its written opinion on the deliberation and decision as to whether to commence partition. |
| Article 16 (Decisions on and Public Notice of Commencement of Partition) |
| (1) | Upon receipt of an application submitted pursuant to Article 15 (1), the Committee shall deliberate on the application and decide whether to commence partition or to dismiss the application within five weeks. In such cases, with respect to co-owned land prescribed in subparagraph 3 (b) of Article 2, the Committee shall not decide to dismiss an application for any of the following reasons: <Amended by Act No. 12634, May 21, 2014> |
| 2. | Discrepancy between the total area of co-owned land registered in the cadastral record and the sum of area owned by co-owners according to their respective shares. |
| (2) | When the Committee decides to dismiss an application pursuant to paragraph (1), the competent cadastral authority shall serve the authentic copy of the written decision to the applicant without delay. |
| (3) | When the Committee decides to commence partition pursuant to paragraph (1), the competent cadastral authority shall serve the authentic copy of the written decision to each co-owner without delay, notify interested parties thereof, and shall give public notice thereof for at least three weeks, as prescribed by Presidential Decree. |
| (4) | When the Committee decides to commence partition, the competent cadastral authority shall request, without delay, a registry office having jurisdiction over the location of the relevant co-owned land to register the decision to commence partition with a certified copy of the decision to commence partition attached. |
| Article 17 (Registration, etc. of Decisions to Commence Subdivision) |
Upon receipt of a request for registration under Article 16 (4), the registration officer shall register the relevant decision in the registry without delay, and the head of the registry office shall notify the competent cadastral authority of the result thereof.
| 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. |
| Article 19 (Objection against Decision to Dismiss Objection) |
| (1) | A person raising an objection who is dissatisfied with a decision to dismiss his/her objection under Article 18 (4) may file a lawsuit for objection against the applicant for partition with the competent court within three weeks from the date he/she receives the authentic copy of the written decision: Provided, That the foregoing shall not apply where the person who filed an objection pursuant to Article 18 (2) 3 fails to file for the lawsuit referred to in Article 18 (3) within the specified period. |
| (2) | If a court finds that a lawsuit filed pursuant to paragraph (1) is sustainable, it shall render a judgment to revoke the decision to commence partition under Article 16. |
| (3) | Article 18 (7) (excluding provisions regarding the service of the authentic copy of a written decision) and (8) shall apply mutatis mutandis when a judgment rendered pursuant to paragraph (2) to revoke a decision to commence partition becomes final and conclusive. |
| Article 20 (Objection against Decisions to Dismiss Application for Partition etc.) |
| (1) | An applicant dissatisfied with a decision to dismiss an application for partition under Article 16 (1) or a ruling to revoke a decision to commence partition under Article 18 (5) may file a lawsuit seeking the commencement of partition against all other co-owners with the competent court within three weeks from the date he/she receives the authentic copy of the written decision. |
| (2) | Article 16 (3) (excluding provisions regarding the service of the authentic copy of a written decision) and (4) shall apply mutatis mutandis when a judgment rendered to commence partition in a lawsuit filed pursuant to paragraph (1) becomes final and conclusive. |
| Article 21 (Final Decisions on Commencement of Partition) |
| (1) | A decision to commence partition shall become final and conclusive in any of the following cases: |
| 1. | If no objection is raised within the period specified in Article 18 (1); |
| 2. | If no lawsuit for objection is filed for within the period specified in Article 19 (1); |
| 3. | If a judgment to dismiss an objection becomes final and conclusive in a lawsuit filed for objection pursuant to Article 19 (1). |
| (2) | No co-owner shall be allowed to make an assertion that partition shall be made by any method other than the partition under this Act in cases specified in paragraph (1) and where a judgment to commence partition becomes final and conclusive in a lawsuit filed pursuant to Article 20 (1): Provided, That the foregoing shall not apply where otherwise agreed by all co-owners. |
CHAPTER IV CADASTRAL SURVEYS AND PROTOCOL OF PARTITION
| Article 22 (Investigations and Cadastral Surveys) |
| (1) | If a decision to commence partition becomes final and conclusive pursuant to Article 21 (1) or if a judgment to commence partition becomes final and conclusive in a lawsuit filed pursuant to Article 20 (1), the competent cadastral authority shall conduct investigations and cadastral surveys of the following matters: |
| 1. | The current status of each co-owner's share and interests therein; |
| 2. | The area occupied by each co-owner, boundary lines of each area, or the current status of occupation; |
| 3. | Portions provided actually for private roads or for other public purposes (hereinafter referred to as "private roads, etc."); |
| 4. | Other necessary matters regarding partition, liquidation, etc. |
| (2) | If the competent cadastral authority deems it necessary for investigations and cadastral surveys conducted pursuant to paragraph (1), it may demand co-owners or occupants to submit data or may conduct fact-finding investigations. |
| (3) | When the competent cadastral authority conducts investigations and cadastral surveys pursuant to paragraph (1), it shall give prior notice of the date and time of investigations and cadastral surveys and the information that co-owners, occupants and interested parties may attend the investigations and cadastral surveys and express their opinions to each co-owner or occupants and interested parties. |
| Article 23 (Investigations and Cadastral Surveys regarding Current Status of Occupation of Co-owners) |
| (1) | Investigations and cadastral surveys regarding the matters specified in Article 22 (1) 2 shall be based on walls and other current boundaries of occupation: Provided, That if an agreement referred to in the proviso to Article 5 (1) or (2) has been made, investigation and cadastral surveys may be conducted according to such agreement. |
| (2) | A portion of land occupied jointly by at least two owners shall be deemed a parcel for the purposes of conducting a cadastral survey. |
| (3) | If the competent cadastral authority finds, as a result of an investigation of the current status of occupation by each co-owner, that portions occupied by each co-owner are not clearly identifiable or that only portions occupied by some co-owners are identified, it may demand co-owners who possess the portions not clearly identifiable or the portions not identified to make an agreement thereon pursuant to Article 5 (2) within a specified period. |
| (4) | If an agreement is made pursuant to paragraph (3), cadastral surveys shall be conducted in accordance with the agreement: Provided, That if co-owners fail to reach an agreement, such portions of land shall be deemed a parcel for the purposes of conducting a cadastral survey. |
| (5) | In cases falling under paragraphs (1) through (4), a portion of land of which a co-owner permits a third party to take possession shall be deemed occupied by the co-owner. |
| Article 24 (Investigations and Cadastral Surveys regarding Private Roads, etc.) |
| (1) | Private roads, etc. shall be deemed possessed jointly by co-owners who possess the portion of land actually used for such benefits (including persons who are expected to use such private roads, etc. by acquiring a portion of land pursuant to Article 25; the same shall apply hereinafter), and cadastral surveys of such private roads, etc. shall be separately conducted: Provided, That if all such co-owners make an agreement, cadastral surveys of such private roads, etc. shall be conducted in proportion to the portion of land possessed by each co-owner according to the agreement. |
| (2) | A portion obviously used only for the benefit of a portion of land actually possessed by one of co-owners in private roads, etc. shall be deemed possessed by the co-owner, and thus cadastral surveys of such portion shall be conducted in proportion to the portion actually possessed. |
| (3) | The competent cadastral authority shall conduct investigations and cadastral surveys of the following matters, taking into consideration the location and current status of private roads, etc., the location and entrances of buildings, the current status of public roads, and other surrounding circumstances in conducting cadastral surveys pursuant to paragraphs (1) and (2): |
| 1. | Whether the private roads, etc. at issue are used only for the benefits of the portion actually possessed by some co-owners or used for the benefits of the portion of land possessed by all co-owners; |
| 2. | Whether any of the following persons exists and, if such person exists, whether an area deemed included in private roads, etc. exists in the area identified as such person's share: |
| (a) | A co-owner who is original owner of land and has sold his/her co-owned land by a parcel or his/her successor who does not actually occupy any portion of land; |
| (b) | A co-owner who is original owner of land and has sold a portion of his/her co-owned land by a parcel or his/her successor who occupies a specific portion of the co-owned land. |
| Article 25 (Cadastral Survey of Portion of Land Unoccupied) |
| (1) | A portion of land unoccupied by any co-owner or occupied by a third party without title (excluding private roads, etc.) shall be deemed possessed jointly by the following co-owners, and cadastral surveys of such portion shall be deemed one parcel or at least two parcels depending upon the status quo: Provided, That if all co-owners make an agreement, cadastral surveys of such portion may be conducted in proportion to each co-owner's share according to the agreement: |
| 1. | A co-owner who does not actually occupy a portion; |
| 2. | A co-owner who actually occupies a portion smaller than the area equivalent to his/her share. |
| (2) | If it is found that the whole area equivalent to the share of a person specified in any item of Article 24 (3) 2 (the difference between the area actually occupied and the area equivalent to the share in cases falling under Article 24 (3) 2 (b)) is included in private roads, etc., such owner shall be excluded from co-owners specified in paragraph (1). |
| Article 26 (Preparation of Protocol of Subdivision) |
| (1) | When the competent cadastral authority completes an investigation and cadastral survey pursuant to Articles 22 through 25, it shall prepare a protocol of partition and submit the protocol to the Committee without delay for resolution thereon. |
| (2) | A protocol of partition under paragraph (1) shall contain the following matters: |
| 1. | The current status of occupation by co-owners, the share of each co-owner, the area equivalent to the share, and the details of interested parties' interests therein; |
| 2. | The area of land to be distributed to each co-owner by partition according to the investigations and cadastral surveys conducted pursuant to Articles 22 through 25 or the current status of other matters and temporary lot numbers for the portion to be subdivided; |
| 3. | The portion to be separately divided for private roads, etc. and the temporary lot number for such portion; |
| 4. | Cadastral survey products; |
| 5. | Matters regarding liquidation in cases falling under Article 40 (1); |
| 6. | Matters regarding the cost of partition under Article 43 (1). |
| (3) | In describing matters specified in paragraph (2) 2, the portions of land referred to in Article 23 (2), the proviso to Article 23 (4), and Article 25 (1) (excluding cases specified in the proviso thereto) shall be deemed jointly owned by the relevant co-owners, and the ratio of each co-owner's share and the area equivalent to the share shall be indicated thereon. In such cases, the ratio of each owner's share in the portion of land referred to in Article 23 (2) or the proviso to Article 23 (4) shall be based on the co-owner's original share, while the ratio of each co-owner's share in the portion of land referred to in Article 25 (1) shall be based on the difference between the area actually occupied and the area equivalent to the co-owner's share. |
| (4) | In describing matters specified in paragraph (2) 3, relevant private roads, etc. shall be deemed jointly possessed by co-owners referred to in Article 24 (1) (excluding cases specified in the proviso thereto), and the ratio of each co-owner's share and the area equivalent to the share shall be indicated thereon. In such cases, the ratio of each co-owner's share shall be based on the area of the portion of land of which relevant private roads, etc. are actually used for benefits. |
| Article 27 (Description of Matters regarding Liquidation) |
| (1) | The following matters shall be indicated in describing matters specified in Article 26 (2) 5: |
| 1. | The area by which the land to be distributed to each co-owner involved by partition (including the area equivalent to each co-owner's share under Article 26 (3) and (4)) exceeds, or falls short of, the area equivalent to each co-owner's share registered in the relevant registry and the amount to be paid for liquidation thereof; |
| 2. | The ground for the calculation of the liquidation money under Article 40 (2); |
| 3. | Where it is unnecessary to pay the liquidation money pursuant to Article 41 (1), the reasons therefor. |
| (2) | In describing the liquidation money referred to in paragraph (1) 1, if an agreement on the liquidation money referred to in the proviso to Article 5 (1) or Article 5 (2) exists or if it is possible to specify each co-owner who shall pay, or is entitled to, the liquidation money and the amount thereof, such persons and amount shall be individually indicated. |
| Article 28 (Calculation of Area Equivalent to Share) |
If it is found, as a result of a cadastral survey of co-owned land, that the actual area contrary to the area registered in the relevant register, the actual area according to the result of the cadastral survey shall be deemed the original area equivalent to each co-owner's share for the purposes of partition under this Act. In such cases, the area equivalent to the ratio of each co-owner' share to the actual area according to the result of a cadastral survey shall be deemed the original area equivalent to each co-owner's share.
| Article 29 (Service and Public Notice of Certified Copies of Protocol) |
| (1) | When a protocol of partition is adopted by resolution pursuant to Article 26 (1), the competent cadastral authority shall serve a certified copy of the protocol of partition on each co-owner and interested parties without delay, along with a document informing that co-owned land shall be subdivided and liquidated in accordance with the protocol of partition and notifying that a co-owner or interested party may file an objection pursuant to Article 30 and the deadline for filing such petition for objection. |
| (2) | When a protocol of partition is adopted by resolution pursuant to Article 26 (1), the competent cadastral authority shall give a public notice of the following matter for at least two weeks, as prescribed by Presidential Decree: |
| 1. | The descriptions of the relevant co-owned land and statements that an application for partition has been filed pursuant to Article 14 and that a decision to commence partition has been made pursuant to Article 16; |
| 2. | Statements that the protocol of partition has been prepared according to a resolution by the Committee and that partition and liquidation shall be made in accordance with the protocol of subdivision; |
| 3. | A statement that a co-owner or interested party may file an objection pursuant to Article 30 and the deadline for filing an objection. |
| Article 30 (Written Objections against Protocol of Subdivision) |
| (1) | A co-owner or interested party who has an objection against a protocol of partition may file a written objection with the competent cadastral authority, stating the grounds for objection in detail, within two weeks from the date on which the authentic copy of the protocol of partition is served pursuant to Article 29 (1). In such cases, the competent cadastral authority shall forward the written objection to the Committee without delay. |
| (2) | A written objection referred to in paragraph (1) may be filed only where a person has an objection to any content of a protocol of partition or the proceedings for resolution by the Committee, such as the investigations and cadastral surveys, the adjustment of the portions occupied, or the preparation of a protocol of partition under Articles 22 through 27. |
| Article 31 (Decisions, etc. on Filing an Objection) |
| (1) | The Committee shall determine whether to accept an objection filed pursuant to Article 30 (1) within four weeks from the date of filing such objection. In such cases, the competent cadastral authority shall serve the authentic copy of the written decision of the Committee to the petitioner without delay. |
| (2) | When the Committee intends to make a decision pursuant to paragraph (1), it shall hear opinions from relevant co-owners and interested parties thereon in advance. |
| (3) | When the Committee decides to sustain a petition, the competent cadastral authority shall rectify the relevant provision of the protocol of partition and shall serve a certified copy of the rectified protocol of partition without delay to each relevant co-owner and interested party. |
| Article 32 (Appeal to Decision, etc.) |
| (1) | A person who is dissatisfied with a decision made under Article 31 may file a lawsuit for objection with the competent court against all co-owners (or against only co-owners involved, if the grounds for appeal are related only to some co-owners), stating the grounds in detail, within three weeks from the date on which the authentic copy of the written decision or the certified copy of the protocol of partition is served. In such cases, the person shall submit the duplicate of complaint and a certificate of filing a lawsuit to the competent cadastral authority. |
| (2) | A lawsuit referred to in paragraph (1) may be filed only where a ground for objection specified in Article 30 (2) exists. |
| (3) | If a court finds that an objection to a protocol of partition is sustainable in a lawsuit referred to in paragraph (1), it shall render a judgment to determine the relationship of rights and interest, while it shall render a judgment to revoke the resolution if the Committee's proceedings for resolution are found groundless. |
| (4) | When a judgment made under paragraph (3) to revoke a resolution becomes final and conclusive, the competent cadastral authority shall forward the judgment to the Committee for resolution without delay. |
| (5) | Article 31 (3) shall apply mutatis mutandis where a judgment to finalize the relationship of rights and interest under paragraph (3) is rendered. |
| Article 33 (Final Protocol of Partition) |
| (1) | A protocol of partition (referring to a rectified protocol of partition, if a protocol of partition is rectified pursuant to Article 31 (3) or 32 (5)) shall become final and conclusive in any of the following cases: |
| 1. | Where no objection is filed within the period specified in Article 30 (1); |
| 2. | Where no lawsuit for objection is filed for pursuant to Article 32 (1); |
| 3. | Where a judgment on objection referred to in Article 32 (excluding a judgment to revoke a protocol of partition under Article 32 (3)) becomes final and conclusive. |
| (2) | If the dissatisfaction with an objection filed pursuant to Article 30 (1) or a lawsuit for objection filed pursuant to Article 32 (1) is related to the liquidation money or the cost of partition referred to in Article 26 (2) 5 or 6, the protocol of partition, excluding the part of dissatisfaction, shall become final and conclusive. |
| Article 34 (Effect of Partition) |
| (1) | When a protocol of partition becomes final and conclusive, the relevant co-owned land shall be partitioned according to the provisions of the protocol of partition, and the rights and interests, except ownership, existing on each co-owner's share shall continue to exist in the portion of land that each co-owner acquires by partition. |
| (2) | If a co-owner's share is subject to a mortgage, the mortgage may be exercised against the liquidation money to which the co-owner is entitled in accordance with the final protocol of partition. In such cases, the liquidation money shall be seized before it is paid. |
| (3) | Attachment, provisional attachment, or provisional disposition over a co-owner's share shall also be enforceable to the portion of land that the co-owner acquires by partition and to the liquidation money to which the co-owner is entitled. |
| (4) | No right, other than ownership, existing over the whole of co-owned land shall be affected by partition under this Act. |
| Article 35 (Effect of Protocol of Partition to Successors and Indication of Successors) |
| (1) | A final protocol of partition shall be effective against a person who acquires a co-owner's share or an interested party who acquires any right, other than ownership, on a co-owner's share after a decision to commence partition is registered pursuant to Article 17. |
| (2) | When a person who has acquired a co-owner's share or an interested party, as referred to paragraph (1), reports and proves the existence of his/her right, the competent cadastral authority shall indicate the successor or new interested party in the relevant protocol of partition. |
| (3) | If deemed necessary to request the registration of partition pursuant to Article 37, the competent cadastral authority may inspect the register of the relevant co-owned land and indicate a successor or new interested party referred to in paragraph (2) even without filing a report pursuant to paragraph (2). |
| Article 36 (Adjustment of Cadastral Records) |
| (1) | When a protocol of partition becomes final and conclusive pursuant to Article 33, the competent cadastral authority shall adjust the relevant cadastral records according to the protocol of partition without delay. In such cases, if the land area exceeds or falls short of that prescribed by Article 28, the area registered in the relevant cadastral records shall be first rectified and adjusted. |
| (2) | If an application for partition is filed along with an agreement by which all co-owners agree that no liquidation shall be made, a protocol of partition may become final and conclusive without resolution on the protocol of partition under Article 26 after making a decision to commence partition, and the relevant cadastral record may be adjusted according to the protocol of partition. |
CHAPTER V REGISTRATION OF PARTITION, ETC.
| Article 37 (Requests for Registration of Partition, etc.) |
| (1) | When the competent cadastral authority adjusts a cadastral record pursuant to Article 36, it shall request the competent registry, without delay, to register partition, notifying the competent registry that the partition under this Act is made. |
| (2) | With regard to land, the area of which registered in the cadastral record is rectified pursuant to the latter part of Article 36 (1), the competent cadastral authority shall request the revised registration of the descriptions in the register before requesting the registration of partition under paragraph (1). |
| (3) | In cases falling under paragraph (1), if the land category of the land partitioned is inconsistent with the land category before partitioning, the registration of the change of the land category shall be requested, while the registration of merge shall be requested if parcels of land are merged pursuant to Article 14 (5). |
| (4) | When the competent cadastral authority requests the registration of partition, it shall describe the ground thereof in the written request and shall attach a certified copy of the land cadastre or the forest land cadastre and a certified copy of the finalized protocol of partition thereto. |
| Article 38 (Special Provisions regarding Registration of Partition) |
| (1) | Upon receipt of a request for the registration of partition under Article 37 (1), the registration officer shall use a separate registration form for each parcel of the land partitioned and shall describe the purpose of registration in the blank for descriptions in the registration form, stating that the registration is made upon receipt of a request for the registration of partition under Article 37 (1). |
| (2) | Registration of the ownership of, and other rights and interests in, the share of the co-owner who acquires a parcel of land by partition shall be transcribed from the registration form for the land before partitioning to the relevant section of the registration form separately used pursuant to paragraph (1), and then the fact that the co-owner acquires the ownership of the parcel of land by partition finalized under this Act shall be described in Section A of the form. |
| (3) | With respect to the land partitioned according to cadastral surveys conducted pursuant to Article 23 (2) and the proviso to Article 23 (4) or the main sentence of Article 25 (1) and the land partitioned separately for private roads, etc. pursuant to the main sentence of Article 24 (1), the registration of the ownership of, and other rights and interests in, the share of each co-owner who jointly acquires the land by partition shall be transcribed from the registration form for the land before partitioning to the relevant section of the registration form for the land, and then the co-owners under Article 26 (3) or (4) and the share of each of them shall be described in Section A of the form and the fact that the co-owners acquire the ownership of the land by partition finalized under this Act shall be described therein. |
| (4) | When the proceedings prescribed in paragraphs (1) through (3) are completed, the registration form used prior to partition shall be shredded. |
| (5) | Other necessary matters for the registration for partition under this Act shall be prescribed by the Supreme Court Regulations. |
| Article 39 (Notice of Completion of Registration of Partition) |
When the registration officer completes the registration of partition, the competent cadastral authority shall notify each co-owner and interested party and other right holders (including persons holding an interest secured by attachment, provisional attachment, or provisional disposition) of the completion without delay.
| (1) | If the area of the land to be distributed to each co-owner by partition according to a final protocol of partition (including the area equivalent to the share under Article 26 (3) and (4)) does not coincide with the area equivalent to each co-owner's share in the relevant register, the relevant co-owners shall settle the difference according to the descriptions of the final protocol of partition. |
| (2) | With respect to settlement under paragraph (1), if an agreement on liquidation money between relevant co-owners, the settlement money shall be calculated in accordance with the agreement, or if such agreement has not been made, the settlement money shall be calculated in accordance with the guidelines prescribed by Presidential Decree. |
| (3) | The location of the land subject to settlement and the market price for the land in the neighborhood shall be taken into consideration in prescribing the guidelines under paragraph (2). |
| Article 41 (Exclusion of State, etc. from Payment of Settlement Money, etc.) |
| (1) | No settlement money shall be paid in any of the following cases, notwithstanding Article 40 (1): |
| 1. | The settlement money for the portion of land found included in the portion of private roads, etc, out of the settlement money to which the State or a local government is entitled; |
| 2. | The settlement money for the area found included in the portion of private roads, etc, out of the area equivalent to the share of a person specified in any item of Article 24 (3) 2 in the relevant register (a difference between the actually occupied area and the area equivalent to the person's share in cases falling under Article 24 (3) 2 (b)). |
| (2) | If any co-owner specified in any of subparagraphs of paragraph (1) exists, the total sum of the settlement money to which other co-owners, except such co-owner, are entitled shall be deemed the total sum of the co-owners' settlement money that shall be paid as the settlement money under this Act, and the settled amount to which each co-owner is entitled shall be based on the ratio of the area subject to the settlement. |
| Article 42 (Payment, etc. of Settlement Money) |
| (1) | A person liable to pay settlement money under this Act shall pay it to the competent cadastral authority within three months from the date on which the relevant protocol of partition become final and conclusive, but if the settlement money exceeds ten million won, it may be paid in up to three installments within six months: Provided, That the foregoing shall not apply where the claim to the settlement money is subject to attachment, provisional attachment, or provisional disposition (including cases where such attachment, provisional attachment, or provisional disposition is enforceable to the relevant settlement money under Article 34 (3)). |
| (2) | If a person liable to pay settlement money and a person who is entitled to the settlement money are identified and they have agreed on the amount, the settlement money may be paid directly to the party entitled to it, notwithstanding paragraph (1). |
| (3) | Upon receipt of settlement money under the main sentence of paragraph (1), the competent cadastral authority shall distribute it to persons entitled to the payment without delay. |
| (4) | If a person liable to settlement money under the main sentence of paragraph (1) fails to pay it within the specified period, the competent cadastral authority may collect it in the same manner as delinquent local taxes are collected. |
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 43 (Cost of Partition) |
| (1) | The cost specified by Presidential Decree out of the cost incurred in a partition made under this Act shall be borne by each co-owner who acquires a parcel of co-owned land by partition. |
| (2) | Article 42 (4) shall apply mutatis mutandis to the collection of the cost of partition under paragraph (1). |
| (3) | Necessary matters regarding the specific scope of the cost of partition under paragraph (1), the procedure for collecting such cost, and the advance payment and refund of such cost shall be prescribed by Presidential Decree. |
| Article 44 (Exemption from Fees for Inspection of Registry, etc.) |
If a public official of the competent cadastral authority requests the registry office to permit him/her to inspect the registry as necessary to partition co-owned land under this Act or to issue a certified copy or transcript of such register (including electronic information data of such register), the public official shall be exempted from fees therefor.
| Article 45 (Jurisdiction) |
A single-judge court of the District Court having jurisdiction over the location of the relevant co-owned land shall have exclusive jurisdiction over lawsuits filed under this Act.
CHAPTER VIII PENALTY PROVISIONS
| Article 46 (Penalty Provisions) |
Any person who causes an error by fraud in an investigation or cadastral survey conducted on a parcel of land pursuant to Articles 22 through 25 shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won.
| Article 47 (Administrative Fines) |
| (1) | Any person who, without good cause, interferes with an investigation or cadastral survey conducted on a parcel of land pursuant to Articles 22 through 25 shall be punished by an administrative fine not exceeding three million won. |
| (2) | Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the competent cadastral authority, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Effective Period)
This Act shall be effective for eight years from the date this Act enters into force: Provided, That this Act shall apply, even after the lapse of the effective period, to the co-owned land for which an application for partition under this Act becomes final and conclusive within the period this Act remains effective and for which the a protocol of partitionis finalized under Article 33 within one year after the lapse of the period this Act remains effective. <Amended by Act No. 12634, May 21, 2014; Act No. 14710, Mar. 21, 2017> Article 3 (Transitional Measure concerning Penalty Provisions, etc.)
This Act shall apply, even after the lapse of the period this Act remains effective, to a person who commits a crime specified in Article 46 or 47 during the period this Act remains effective.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 12634, May 21, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 12738, Jun. 3, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 13805, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on August 12, 2016.
Articles 2 through 22 Omitted.
ADDENDUM <Act No. 14710, Mar. 21, 2017>
This Act shall enter into force on the date of its promulgation.