공유물분할
1. Of the F 228m2 before 228m2;
(a)in sequence 4 to 20, 40, 39, 38, 37, and 4 of the Appendix 1 drawings.
Basic Facts
A. The deceased G completed the registration of ownership transfer for the instant land on May 23, 1994. The deceased G around January 1997, the Defendants, their inheritors, completed the registration of ownership transfer for the instant land on June 17, 1997 due to inheritance.
(Defendant B’s share 3/9, and the remaining Defendants’ share 2/9). (b)
After December 10, 1997, the Defendants completed the registration of ownership transfer with respect to 1/2 shares out of the instant land to the Plaintiff, Defendant B’s Chokin.
(The Plaintiff and the Defendants obtained land transaction permission from the Gwangju Metropolitan City on December 8, 1997 for a sales contract which is the cause of registration). Accordingly, the instant land is jointly owned by the Plaintiff and the Defendants.
C. Although the Plaintiff demanded the Defendants to divide the instant land, the Plaintiff did not reach an agreement on the division.
[Ground of recognition] In light of the facts without dispute, Gap evidence Nos. 1, 2, and 10, Eul evidence No. 1, Eul evidence No. 1, and the facts of recognition as to the claim for partition of co-owned property, the plaintiff can file a claim against the defendants for the partition of co-owned property of this case.
In the case of dividing the jointly-owned property by a trial as the method of dividing the jointly-owned property does not reach an agreement between one co-owner, in principle, the court shall divide the jointly-owned property in kind. The court may order the auction of the property only when the value of the property is likely to be significantly reduced if it is impossible to divide it in kind or if it is divided in kind. Thus, barring the above circumstances, the court shall make a judgment to divide the jointly-owned property into several goods in kind according to the ratio of shares of each co-owner and to recognize the sole ownership of each co-owner for the divided property.
In addition, the method of division is not a way to be sought by the parties, but according to the court's discretion, according to the situation of co-ownership or the objects of the division.