Text
1.(a)
Out of the 1,264m2, the attached Form 1,2,264m2, the part on the ship (c) connected in order of 1,2,11,10,100 among the 1,264m2.
Reasons
Basic Facts
The Plaintiff shares 100/1157 shares, Defendant B’s share, Defendant C’s share 60/1157 shares, Defendant C’s share 150/157 shares, Defendant D, E, and F shares 100/1157 shares, respectively.
As of the date of closing argument of this case, no agreement was reached between the Plaintiff and the Defendants on the method of dividing each land of this case.
[Ground of recognition] Each of Gap evidence Nos. 1 through 4 (including a provisional number) and the above facts of recognition as to the claim for partition of co-owned property as a whole, according to the above facts of recognition, the plaintiff, co-owner, may file a claim for partition against the defendants, who are other co-owners pursuant to Articles 268 and 269 of the Civil Code.
In the method of partition of co-owned property, if an agreement is reached between the parties, the method may be selected at will, but if the co-owned property is divided by a trial due to the failure to reach agreement, the court shall divide it in kind in principle. The court may make a decision by comprehensively taking into account all the circumstances revealed in the pleadings of the instant case, such as the contents of consultation with the parties, structure, size, location, utilization status of each land of
As to this case, the following facts and circumstances can be acknowledged in full view of the results of the expert witness I's survey appraisal results.
① The area of the part on board (c) connected in sequence 1, 2, 11, 10, and 1, among G land is 205 square meters, and the area of the part on board (c) connected in sequence 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 2, among G land, is 1,059 square meters, the area of the part (a), 1,059 square meters, and the area of H land is 1,451 square meters.
(2) Out of G land, the share of the plaintiff and the area in the ship indicated with the accompanying drawings among G land and the area of the land indicated with the accompanying drawings (i), (ii) and (H land shall be determined by the defendants.