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1. The real estate listed in attached list No. 1 shall be owned by the plaintiff in installments;
2.Paragraph 2 of the annex.
Reasons
1. In full view of the purport of the entire arguments in Gap evidence No. 1-1-4, the facts of recognition are as follows: (a) the plaintiff and the defendant share 1/2 shares of each of the real estate listed in the separate sheet (hereinafter "real estate Nos. 1 through 4 of this case") in the order of priority; (b) the above parties did not reach an agreement on the method of partition; and (c) there was no special agreement on the prohibition of partition of the real estate No. 1 through 4 of this case
2. Determination
A. According to the above facts acknowledged as above, the plaintiff as co-owner of the first through fourth real estate of this case may claim the division of the co-owner to the defendant who is the other co-owner.
As to this, the defendant asserts that he oppose the partition of co-owned property itself as there is no circumstance or need to divide the first or fourth real estate of this case. However, the defendant's assertion cannot be accepted.
B. In the instant case, the Plaintiff primarily proposed the method of dividing the entire price of the real estate Nos. 1 and 4 of the instant case into the full price, and the method of dividing the real estate Nos. 1 and 2 of the instant case into the spot and then dividing the real estate Nos. 3 and 4 of the instant case into the price.
Plaintiff
See the preparatory brief dated April 25, 2016. The defendant finally agreed to divide the real estate Nos. 1 and 2 in kind and the price division of the real estate No. 3 in this case, which were presented by the plaintiff as preliminaryly. On the other hand, only oppose the division of the real estate No. 4 in this case, and did not present any opinion about the specific division plan.
See the Defendant’s preparatory brief dated April 28, 2016. However, the location of the instant real estate Nos. 1 through 4, A’s evidence Nos. 3, B’s evidence Nos. 1 and 3-1 through 4, and the result of the survey and appraisal by this court, and the purport of the entire pleadings.