萬國法律事務所

According to Taiwan’s Land Act, when co-owners dispose of their share of ownership, the other (non-disposing) co-owners have a preferential right, individually or jointly, to purchase said disposed portion on the same terms as are offered to any other person. In a civil case, Year 2011 Tai-Sun Zi no. 432, Taiwan’s Supreme Court held that where two or more estates are being sold via auction, and where a joint-auction has been held by the execution court, the co-owner must purchase all of the estates under the joint-auction when claiming his preferential right to purchase said disposed portion.

In this particular case, the Court held that the co-owner could not exercise his preferential right by purchasing only one of the multiple estates under the joint-auction. The Court held that if a co-owner wants to exercise his preferential right, the co-owner must purchase all of the disposed portion of the estates on the same terms as offered in the execution proceeding.