beta
Text
1.(a)
Attached Form
Of the real estate listed in paragraph (1) of the list of real estate, the attached appraisal in attached Form 1 to 12 and 1 shall be carried out in order.
Reasons
1. The following facts may be acknowledged in full view of the facts acknowledged as Gap evidence No. 1 and evidence No. 6, and the purport of the whole pleadings as a result of an appraisal commission to the chief of the party branch office of the Korea Land Information Corporation in the Republic of Korea.
Attached Form
Each real estate recorded in the real estate list (hereinafter referred to as "the entire real estate in this case" shall be indicated as "the real estate in this case", and part of the real estate in this case shall be indicated as "the real estate in this case") is owned by the plaintiff and the defendants, and
B. At present, the real estate of paragraph 3 is currently used by the Defendants as a clan member, and there are several graves in the real estate of paragraphs 1 and 2.
C. The Defendants are all members of M&C. The Defendants are members of M&C.
2. Division of the method of partition of co-owned property can be decided at will if the co-owners agree on the method of partition, but if the co-owners divide the co-owned property through the judgment because the agreement is not reached, 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 court may order the auction of the property only when the value might be reduced remarkably.
In this case, since the instant real estate can be divided in kind, it is necessary to divide the instant real estate in kind. Furthermore, comprehensively taking account of the current status of the instant real estate and the relationship between the parties, it is reasonable to divide the attached appraisal of paragraph (1) into the Plaintiff a portion of 1984 square meters in order to connect each point of 1-12 and 1 of the attached Table 1 among the real estate in paragraph (1), and to divide the portion of 3160 square meters and Paragraph (2) of the attached Table 9-29 of the same Act into the jointly owned area ratio of the Defendants, and the real estate of paragraph (3) as owned by the Defendant B.
3. In conclusion, it is decided as per Disposition by dividing the land of this case as ordered.