공유물분할
1. The real estate listed in paragraph 1 of the attached list shall be put to an auction and the proceeds from the auction shall be deducted;
1. Facts of recognition;
A. The real estate listed in the separate sheet No. 1 (hereinafter “real estate No. 1 of this case”) is owned by the Plaintiff, together with shares of 38/249, shares of Defendant B, C, D, E, E, F, I, and I, shares of 14/249; shares of 15/249; shares of Defendant H; shares of 28/249; shares of 28/249; and shares of 56/249 shares of Defendant M.
B. The real estate listed in the separate sheet No. 2 (hereinafter referred to as the “real estate No. 2 of this case”) is owned by the Plaintiff, together with shares of 109/689, shares of Defendant B, C, D, E, E, F, I, and I, shares of 38/689; shares of Defendant H 48/689; shares of 76/689; shares of Defendant K, L, and L; and shares of 152/689 by Defendant M.
C. The real estate listed in the separate sheet No. 3 (hereinafter referred to as the “third real estate of this case,” and referred to as the “each real estate of this case”) is owned by the Plaintiff as the Plaintiff’s share of 131/1020, Defendant B, C, D, E, F, I, and I, each 47/1020 shares, Defendant H’s share of 56/1020, Defendant K, and L, each 94/1020 shares, 18/1020 shares, Defendant M, Defendant N, 44/1020 shares, Defendant NM’s share of 48/1020, Defendant P, and Defendant P, 43/1020 shares.
There was no agreement among co-owners on the method of partition on each of the instant real property.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 3 and the purport of the whole pleadings
2. Determination:
A. According to the above facts acknowledged as the co-owner of each real estate of this case, the plaintiff, co-owner of each real estate of this case, can file a claim for partition against the defendants, who are other co-owners.
B. In principle, division of co-owned property according to one trial on the method of partition of co-owned property shall not be divided in kind as long as a rational partition can be made according to the share of each co-owner, but the requirement is not physically strict interpretation, and it shall include cases where it is difficult or inappropriate to divide in kind in light of the nature, location, area, situation of use, use after the partition, use value, etc. of the co-owned property.
If it is divided in kind, then it shall be divided in kind.