공유물분할
1.(a)
The Defendants shall receive the money stated in attached Table 1 from the Plaintiff at the same time as the Plaintiff’s payment.
In full view of the purport of the entire pleadings in Gap evidence No. 1 (including the paper number), the plaintiff and the defendants shared each share in the separate sheet No. 1 and attached Table 2, each real estate listed in the separate sheet No. 2, and no special agreement was made between the plaintiff and the defendants to not divide each real estate listed in the separate sheet No. 1 and attached Table 2, and it can be acknowledged that the agreement on partition of co-owned property has not been reached. Thus, the plaintiff may file a claim against the defendants for partition of
In regard to the method of partition, the division of co-owned property by judgment is in principle by the method of in-kind division, but it is difficult to find a reasonable method of in-kind division that corresponds to the share ratio of the plaintiff and the defendants, and that the plaintiff and the defendants cannot find a reasonable method of in-kind division that can give economic satisfaction to each person. ② The plaintiff and the defendants appear to have been living without coming from one another due to the dispute, although the plaintiff and the brothers and sisters are in the land, ③ the land listed in the attached list 1 through 5 is farmland, and the defendant D who hold the largest share in this case is residing in Seoul, and is a university, and it is difficult for the plaintiff to actually live in the above land and actually live in the agriculture, and the plaintiff is engaged in the farming and was employed in the work in the above land, and it seems that the plaintiff had actually resided in the above land two years prior to the death of the plaintiff and the defendants. ④ Each real estate listed in the attached list 6 and 7 is the mother house residing by the plaintiff and the defendants, and it seems difficult to know that the plaintiff had the neighboring co-owned share of this case.