공유물분할 등
1. Of the 31,323 square meters of D forest land in Jinjin-si, the annexed partition survey result maps are linked in sequence to each point of 1,2,3,4,5,6,22 and 1.
1. Facts of recognition;
A. The Plaintiff and the Defendants shared the share of 1/3 shares of D forest land 31,323 square meters (hereinafter “instant land”) at the time of Jinjin-si.
B. On March 2015, the Plaintiff and the Defendants drafted a written agreement on the division of land (Evidence 3-1; hereinafter “instant agreement”) that connects 10,441 square meters in line with each point of indicated 1,2,3,4,5,6,22, and 1 in line with the annexed annexed subdivision survey result to the Plaintiff. The Plaintiff and the Defendants drafted a written agreement on the division of land to divide 20,882 square meters in line with each point of indicated 6 through 22,6, and 6 in line with the same division survey result.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 3, 6, 11, and the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, the Plaintiff sharing the instant real estate and the Defendants did not reach an agreement on the method of partition. Thus, the Plaintiff, a co-owner, may file a claim against the Defendants, who are other co-owners, for the partition of the instant real estate.
B. Division of the method of partition of co-owned property may be decided at will if the co-owners reach an agreement, but if the co-owners divide the co-owned property through a trial because they did not reach an agreement, the court shall divide it in kind in principle. The court may order the auction of the goods only when the value of the property is likely to be reduced remarkably if the co-owners divide it in kind or in kind. Thus, barring the above circumstances, the court shall decide to recognize the sole ownership of each co-owner for the divided property by dividing the jointly-owned property into several goods in kind, and each co-owner's sole ownership for the divided property according to the share ratio of each co-owner. The method of partition is according to the share ratio of the co-owner at the discretion of the court, rather than by the method requested by the parties.