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1. The defendant shall make a partition of co-owned property as to 2/15 shares of each real estate listed in the separate sheet from the plaintiff.
Reasons
1. Basic facts
A. The Plaintiff owns 2/15 shares of each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”), and the Defendant owns 13/15 shares of each of the instant real estate.
B. On the ground of the real estate stated in paragraph (1) of the attached Table attached to the list, in addition to the real estate listed in paragraph (2) of the attached Table, the housing of 38.12 square meters is located in the household building, mentor, and branch roof, and the above housing is owned by the defendant alone.
C. The Plaintiff and the Defendant did not reach an agreement on the method of partition of each of the instant real estate, and the market value of each of the instant real estate was 183,286,200 won in total (=land 163,020,000 building 20,266,200 won), based on the result of the court’s entrustment of market price appraisal, the total assessed amount was 187,365,040 won, but this was because the market value of Defendant’s housing was 4,078,840 won in total.
(c) [Ground of recognition] without dispute, entry of Gap evidence 1-1 and 2-1-2, the result of the market appraisal commission to the Pacific appraisal corporation, the company of this court, the purport of the whole pleadings.
2. Any co-owner who has the right to demand partition of the article jointly owned may demand a partition of the article jointly owned, and if the agreement on the method of partition has not been reached, the co-owner may request the court for partition;
(Article 268 and Article 269 of the Civil Act). According to the above facts, the plaintiff, as co-owners, may request the court to divide the article jointly owned.
3. Method of partition of the article jointly owned;
A. Division of an article jointly owned by a 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 possible to divide it in kind, the value may be significantly reduced, the auction of the article shall be ordered.