공유물분할
1. The judgment of the court of first instance is modified as follows.
With respect to the area of 850 square meters prior to the Jeonbuk-gun, the attached Form 10, 2, 3.
The Plaintiff and the Defendant, as to the right to claim partition of co-owned property, did not reach an agreement on the method of partition of the land of this case, which is jointly owned by the Plaintiff and the Defendant, by the date of the conclusion of pleadings at the trial. There is no dispute between the parties concerned as to the fact that the Plaintiff and the Defendant did not reach an agreement on the method of partition of the land of this case.
According to the above facts, the Plaintiff, a co-owner of the instant land, may file a lawsuit against the Defendant, who is another co-owner pursuant to Article 269(1) of the Civil Act to divide the instant land.
In cases of dividing jointly-owned property through a judgment on the method of partition, the court shall divide it in kind in principle. The method of partition is, at the discretion of the court, made a rational partition according to the share ratio of co-owners depending on the co-ownership relation or the overall circumstances of the things which are the objects thereof, regardless of the method requested by the parties (see, e.g., Supreme Court Decision 2004Da10183, 10190, Jul. 22, 2004). In full view of the facts recognized earlier, the results of the examination of the first instance court and the court at the first instance court, the results of each of the survey and appraisal conducted by appraiser D, the entire purport of arguments is as follows: (10, 11, 12, 5, 7, 8, 9, 1, 10, and the part (b) (hereinafter referred to as “part (b) of the land in this case) connected in sequence with each of the items (hereinafter referred to as “part) above”) 2, 10 or 14,4,4, and 1,4,4, and 1,4.
The above facts are as follows: the current status and category of the land of this case, the actual utilization status, economic value after the division, and all the circumstances revealed in the proceedings of the pleading of this case.