공유물분할
1. The Defendants divide the area of 6,663 square meters of land for factory in Ulsan-gu B, Ulsan-gu, and each of the Defendants’ shares in the “share after division” column.
1. Basic facts
A. In around 2013, the Defendants and Gohap Co., Ltd. (hereinafter “Nonindicted Company”) shared 6,663 square meters of land for factory in Ulsan-gu B (hereinafter “instant land”).
The Defendants’ shares in co-ownership were as indicated in the “current Share” column, and the shares in the non-party company were 3,059/20,057.
B. On February 14, 2013, the Plaintiff acquired the said shares and completed the registration of ownership transfer in the Ulsan District Court C Voluntary Auction (hereinafter “instant Auction”) that was conducted with respect to Nonparty Company’s shares.
C. The Plaintiff and the Defendants currently share the instant land in the same shares as the entries in the “current Share” column in the respective annexed sheet.
[Reasons for Recognition] Facts without dispute, Gap evidence 2, the purport of the whole pleadings
2. According to the facts acknowledged above, the plaintiff is one of co-owners of the land of this case, and the plaintiff can claim the partition of the land of this case against the defendants who are co-owners based on his co-ownership right.
3. Method of partition of co-owned property.
A. The lawsuit for partition of co-owned property is a litigation for formation, and the co-ownership of the objects of co-ownership is the subject of sole ownership through the exchange or sale of shares between co-owners. As such, the court shall make a reasonable partition according to the co-ownership relation or the share ratio of co-owners depending on free discretion, not by the method requested by the claimant for partition of co-owned property, depending on the overall circumstances of the objects.
(See Supreme Court Decision 93Da27819 delivered on December 7, 1993, and Supreme Court Decision 97Da18219 delivered on September 9, 197, etc.). In principle, a partition of co-owned property by a trial shall be divided in kind as far as it is possible to make a reasonable partition according to the share of each co-owner, but it shall not be physically strictly interpreted as "in the payment in kind".