공유물분할
1. Of the lands listed in Schedule 1 to 5:
(a) an indication in Appendix 1 Map 21, 22, 23, 24, 25, 36, 35, 34, 33, 38, 39, 40;
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The land listed in [Attachment List 1-5] is 36.6% (the share indication in the register is 1/2 and 1,493.384/12,874 of the land of this case; 1/2 and 194.96/1,681 of the land of this case; 1/2 and 44.82/387 of the land of this case 3; 1/2 and 22.4/190 of the land of this case; 1/2 and 74.82/645 of the land of this case among the land of this case No. 4 of this case; 1/2 and 74.6% of the land of this case; 1/2 and 74.82/6455 of the land of this case; hereinafter referred to as “the land of this case”) shall be co-owned land owned by the defendant of this case; 50% of the land of this case, and 13.4% of the defendant of this case.
B. The land listed in the attached list No. 6 (hereinafter “instant land”) is co-owned land owned by the Plaintiff at 36.6% (30.744/84 on the register), and Defendant C at 63.4% (53.256/84 on the register).
C. Until the date of the closing of argument in the instant case, there was no agreement between the Plaintiff and the Defendants on the method of dividing each of the instant land.
[Ground of recognition] Unsatisfy, Gap evidence 1-6, the purport of the whole pleadings
2. Determination
A. According to the above facts acknowledged, the Plaintiff and the Defendants, co-owners, may claim the partition of each of the instant lands jointly owned pursuant to Article 269(1) of the Civil Act.
B. If the co-owners fail to reach an agreement on the method of partition of co-owned property by the court as to the method of partition of co-owned property, in principle, if the co-owners divide the co-owned property through a trial, it shall be divided in kind. If it is impossible to divide it in kind in kind, or the value thereof may be reduced remarkably due to the division, an auction may be ordered
In addition, the lawsuit of partition of the co-owned property is a form of lawsuit, and the co-ownership of the property is resolved as the object of the co-ownership through the exchange or sale of shares between co-owners, so the court shall divide the co-owned property which the parties seek.