공유물분할
1. Part on the ship (b) which connects each point of the attached Form No. 2, 3, 4, 5, 6, and 2 among the area of 113 square meters prior to ASEAN-si.
1. Facts of recognition;
A. On November 7, 2016, Defendant C sold 618 square meters and D 113 square meters (hereinafter “instant land”) prior to F, to the Plaintiff on November 7, 2016, as the owner of land E, which is prior to the subdivision. The Plaintiff completed the registration of ownership transfer with respect to F land and 1/3 of the instant land.
B. On December 9, 2015, Defendant C sold G Dae-618 square meters to Defendant B on December 9, 2015, and Defendant B completed the registration of ownership transfer on G land on December 9, 2015.
C. On January 17, 2017, Defendant C sold to Defendant B the share of 321 square meters prior to H, 1/2 of 18 square meters prior to I, and 1/3 of the instant land. Defendant B completed the registration of ownership transfer with respect to the share of 1/3 of the instant land on March 10, 2017, H and I and the instant land.
Accordingly, the Plaintiff and the Defendants shared the instant land at the ratio of 1/3 shares, respectively.
E. The Plaintiff and the Defendants did not agree on partition of co-owned property as to the instant land.
[Grounds for Recognition: Evidence No. 1-2, Evidence No. 4-1, 2-2, each entry of Evidence No. 1-1 through No. 2-4, and the purport of whole pleadings]
2. Judgment as to the main claim
A. According to the above facts, the plaintiff, co-owner of the land of this case, can file a partition of co-owned property against the defendants, other co-owners, pursuant to Article 269(1) of the Civil Act.
(2) In the case of dividing the jointly-owned property through a trial, the court is in principle dividing it in kind, and the auction can be ordered only when the value of the property is likely to be reduced remarkably if it is impossible to divide it in kind or it is possible to divide it in kind. Thus, barring the above circumstances, the court is required to divide the jointly-owned property into several goods in kind according to the ratio of shares of each co-owner, and to render a judgment recognizing the sole ownership of each co-owner for the divided property.