공유물분할
1.Each land listed in Appendix 1 Schedule,
(a) For each land listed in Appendix 1 1, 9, and 10, the shares of Defendant B 3/5;
1. Basic facts
A. The plaintiffs (Appointeds) and the designated parties (hereinafter the plaintiff (Appointeds) as well as the designated parties (hereinafter the "Plaintiffs, etc.") and the defendants are co-owners of each land listed in the separate sheet No. 1, and the defendants' co-ownership shares are listed in the separate sheet No. 2.
B. The plaintiff et al. is the plaintiff et al., and the defendant B and D are the spouse and children of the network R, which is a form of punishment for the plaintiff et al.
On the other hand, Defendant E, F, G, and H are siblings.
C. The agreement between the Plaintiff and the Defendants on partition of co-owned property of this case was not concluded.
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Gap evidence No. 2, purport of the whole pleadings
2. According to the above facts of recognition, the Plaintiff, etc., co-owners of each land listed in the separate sheet No. 1, may file a lawsuit against the Defendants as co-owners pursuant to Article 269(1) of the Civil Act.
Furthermore, the method of division is examined.
The court shall, in principle, divide the article jointly owned in kind in cases of dividing the article jointly owned by the court through a trial because there is no agreement between the co-owners. The auction of the article can be ordered only when it is impossible to divide the article in kind or it is possible to divide the article in kind in kind if the value might be significantly reduced. Thus, barring the above circumstances, the court shall render a judgment to divide the article jointly owned into several articles in kind according to the ratio of shares of co-owners and to recognize the sole ownership of each co-owner for the divided article.
In addition, the method of division is not a way requested by the parties, but a reasonable division is made according to the share ratio of co-owners according to the circumstances of the co-ownership relation or the objects, at the discretion of the court. If the objects jointly owned are divided in kind, it is made within the share limit of the co-owner.