공유물분할
1. The judgment of the court of first instance is modified as follows.
Attached Form
Each real estate entered in the list shall be put to an auction and from its price.
1. Facts of recognition;
A. On March 24, 2017, the Plaintiff acquired 1/5 shares of each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) in the auction procedure for real estate rent, and completed the registration of ownership transfer.
B. At present, each of the instant real estate is owned by the Plaintiff and the Defendant (Appointed Party), the Appointed Party C, the Defendant D, and E (hereinafter referred to as the “Defendants”), respectively, in proportion to the shares of 1/5, and the Defendants are siblings.
C. After the Plaintiff acquired 1/5 shares of each of the instant real estate, the division agreement between the Plaintiff and the Defendants has not been reached.
[Ground of recognition] Unsatisfy, Gap 1 (including virtual number), the purport of the whole pleadings
2. Determination
A. 1) Co-owners may claim the partition of co-owned property, and if the agreement on the method of partition of co-owned property has not been reached, the co-owners may claim the partition to the court (see Articles 268 and 269 of the Civil Act). According to the above facts acknowledged, the Plaintiff and the Defendants are co-owners of each of the instant real property, and the agreement on the method of partition between the Plaintiff and the Defendants was not reached. Thus, the Plaintiff may claim the division of each of the instant real property against the Defendants, other co-owners.
3. As to each of the instant real estates, the Defendant asserted that the Defendants and H did not make a claim for partition of co-owned property against the Defendants for the partition of co-owned property as to each of the instant real estates, since they were in a sectionally owned co-ownership relationship by specifying their location and size.
However, there is no evidence to acknowledge that the Plaintiff and the Defendants were or were in a sectionally owned co-ownership relationship with respect to each of the instant real estate, and rather, pleading.