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1. The Defendant received KRW 10,800,000 from the Plaintiff at the same time, and at the same time, from the Plaintiff, the Defendant is 178.
Reasons
1. The following facts can be acknowledged in full view of the statements in Gap evidence 1 to 6 and the purport of the whole pleadings.
Of D Forest land 830 square meters (hereinafter “D land”), E owns 331/830 square meters, F owns 166/830 shares, and the Plaintiff owns 333/830 shares. On September 19, 2020, the Plaintiff purchased 16/830 shares from E in KRW 20 million, and 26/830 shares in KRW 166/830 from F.
B. In addition, the Defendant owns each share of 178/905 shares and the Plaintiff’s share of 727/905 shares in Seosan-si, Seosan-si, located adjacent to D land (hereinafter “instant land”). However, there was no partition agreement on the said land.
2. According to the above acknowledged facts, the Plaintiff, a co-owner of the land of this case, may file a partition claim against the Defendant, who is another co-owner, pursuant to Article 269(1) of the Civil Act.
3. Method of partition of co-owned property;
A. The relevant legal principles are, in principle, divided in kind in a case where a co-owner dividess co-owned property through a trial because there is no agreement between the co-owners, and if the value of the co-owned property is likely to be significantly reduced due to the division in kind or by the spot, the court may sell the co-owned property by auction
(Article 269 of the Civil Act). It is recognized that it is reasonable to acquire the pertinent jointly owned property to a specific person, taking into account the causes of the co-ownership relationship, the ratio of co-ownership to co-ownership, the economic value in the case of division, and the wishes of co-owners about the method of division, and the acquisition of the price of the co-ownership to other co-owners is not detrimental to the substantial fairness of co-owners. In special circumstances where it is recognized that acquiring the co-ownership is not detrimental to the substantial fairness of co-owners, the co-ownership shall be owned by one of the co-owners