공유물분할
1. Of the land size of 33,223 square meters in Cheongju-si, Chungcheongnam-gu, Chungcheongnam-gu, Seoul Special Metropolitan City, indication of drawings in attached Form 1, 2, 3, 46, 4, 5, 6, 7, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16.
In full view of the facts without dispute between the parties, Gap evidence Nos. 1 and 6, and the purport of the entire pleadings, the plaintiff (appointed party) and the designated party prior to the filing of the instant lawsuit may be acknowledged that, on the first day of the 2013th day of the Cheongju-si, the plaintiff (appointed party) requested consultation on the spot partition of the remaining co-owners at the time of the 33,223m2 (hereinafter "the instant land") of the Cheongju-gu, Chungcheongnam-gu, Seoul. However, the agreement was not reached. The plaintiff (appointed party) and the designated party as of the date of closing the argument of the instant case, and the defendants are co-owners of the instant land. As of the date of the closing of argument of the instant case, the plaintiff (appointed party) and the designated parties owned 15,2234 shares and 18,189 shares in the instant land.
The Plaintiff (Appointed Party) and the designated parties and the Defendants, as co-owners, did not reach an agreement on the method of partition among all co-owners (the Defendants, who did not appear on the date of pleading or mediation of the instant case and did not submit a reply or a preparation document on the date of pleading or mediation). As such, the Plaintiff (Appointed Party) and the designated parties, co-owners, may file a claim against the Defendants, who are other co-owners, for the partition of the instant land.
The court shall, in principle, divide the article jointly owned in kind into the case of dividing the article jointly owned by the co-owners according to the judgment because there is no agreement between the co-owners, but if the article jointly owned is divided by the judgment, the court shall order the auction of the article only when it is impossible to divide the article in kind or the value of the article is considerably reduced if the article is divided in kind. Thus, barring the above circumstances, the court shall make a judgment to divide the article jointly owned into several articles in kind and to recognize the article jointly owned as owned by each co-owner according to the share ratio of the co-owner, and the method of division shall be the same.