공유물분할
1. The E-mail 3,005 square meters in Chungcheongnam-gun, Chungcheongbuk-gun, and the information of the attached reference indicated 1, 2, 3, 10, 10, and 1 are connected in sequence.
1. In full view of the purport of the written evidence Nos. 1 and 2 as well as the overall purport of the pleadings, the Plaintiff and Defendant D shared 1000/305 shares, respectively, Defendant B’s 500/3005 shares, and Defendant C’s 505/3005 shares; and the fact that there was no agreement between the Plaintiff and the Defendants on the method of partition of co-owned property as to the land in this case, the Plaintiff has the right to co-owned property partition against the Defendants based on his co-owned share.
2. Defendant B and C asserted that the land in this case was divided into one-fourth shares between the Plaintiff and the Defendants and the deceased F, each of which was the method of dividing the jointly owned property (1) and the method of dividing the jointly owned property. However, if the land in this case is divided into one-fourth shares, the Plaintiff without any other farmland and the Defendant D cannot meet the qualification for farmland acquisition under the Farmland Act at the time, and unlike the real situation, the Plaintiff and Defendant D, unlike the Plaintiff, have each of 100/305, 505, 505/300 shares, respectively, and Defendant B and C have each of the 500/300/305, 505/3005 shares. However, if the registration is made lawfully based on the presumption of the registration, it is presumed that there was the right and the reason for its registration, and it is different from the facts, and there is no evidence to prove otherwise.
(2) The common property to be determined on the method of partition shall, in principle, be divided in kind, but the court may order an auction of the property if it is impossible to divide the property in kind or the value thereof is likely to decrease remarkably.
The following circumstances recognized by the Plaintiff and the Defendants comprehensively considering the overall purport of data and arguments.