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1. With respect to the share of 497/9786 from Defendant C and D, the Plaintiff is respectively 330.
Reasons
1. Basic facts
A. As of the date of the closing of argument in the instant case, registration was completed with respect to the land of 1233/1398 shares and F as to the land of 165/1398 shares, respectively, with respect to the land of 1233/1398 shares and 165/1398 shares.
B. On the other hand, the F died on August 5, 2004, and there is Defendant C and D, the spouse of which is the spouse, as the inheritor.
Ultimately, as of the date of closing argument of the instant case, the sharing relationship of the instant land is as follows.
Plaintiff B 1233/1398, Defendant B 495/9786 (=165/1398 x 3/7) Defendant C30/9786 (=165/1398 x 2/7) Defendant D30/9786 (=165/1398 x 165/1398 x 2/7)
C. The instant land is an irregular land and is used as a road.
Until the closing date of the instant case, there was no agreement between the Plaintiff and the Defendants on the method of dividing the instant land.
The Plaintiff is seeking to compensate for the value of the Defendants’ share and receive the shares of co-ownership.
E. On May 20, 2015, the market price as of May 20, 2015 for the entire land of the instant case is approximately KRW 17,30,000.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Co-owners who have created the right to claim partition of co-owned property may claim partition of the co-owned property, and if the agreement as to the method of partition of the co-owned property has not been reached, the court may make such
Therefore, the Plaintiff, a co-owner, may request the Defendants, other co-owners, to divide the instant land.
3. Method of partition of co-owned property;
A. Division of an article jointly owned by the relevant legal doctrine may be selected at will if the co-owners reach an agreement, but if the article jointly owned is divided by a trial due to the failure to reach an agreement, the court shall divide it in kind in principle. If it is impossible to divide it in kind or if it is divided in kind in kind, the value may be reduced remarkably, the auction of the article may be ordered.