공유물분할
1. Attached list;
1. Attached Form among real estate;
1. The number of points indicated in drawings Nos. 2, 38, 37, 36, 35, 39, 40, 10, and 2 shall be in order;
1. Facts of recognition;
A. Each of the real estate listed in the separate sheet (hereinafter “instant real estate”) is jointly owned by the Plaintiff and the Defendant, each of which is jointly owned by the Plaintiff and the Defendant.
B. The Plaintiff and the Defendant did not hold a divided consultation on the instant real estate until the date of closing the argument in the instant case.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 (including a provisional number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination
A. According to the facts found above, the Plaintiff and the Defendant, the co-owner of the instant real estate, did not reach an agreement on the method of partition. Therefore, the Plaintiff may file a claim against the Defendant, the other co-owner, for partition of the instant real estate pursuant to Article 269(1) of the Civil Act.
B. Division of the method of partition of the article jointly owned by one owner may be selected at will if consultation is held between the co-owners, but if the article jointly owned is divided by a trial because no agreement is reached, the court shall divide it in kind in principle, and if it is impossible to divide it in kind or if the value of the article is considerably reduced if it is divided in kind, the court may order the auction of the article. Thus, barring the above circumstances, the court shall make a judgment that recognizes the sole ownership of each co-owner for the article jointly owned by dividing the article jointly owned into several items in kind at the share ratio of each co-owner, and the method of division shall be made by a reasonable division according to the share ratio of the co-owner at the discretion of the court, rather than by the parties, according to the co-ownership relation or all the circumstances of the article which is the object of the co-owner. In principle, the area of land acquired by each co-owner shall be the area of land.