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1. Attached Form;
1. Among each real estate indicated in the real estate list;
(a)The real property described in paragraph (1) is owned by Plaintiff F;
(b)Paragraph 2.
Reasons
1. Attached Form Nos. 1, 2, 4, and 6 (including the relevant branch numbers; hereinafter the same shall apply) of the claim for partition of co-owned property in full view of the purport of the whole pleadings:
1. Each of the real estate listed in the real estate list (hereinafter “each of the real estate of this case”) is attached to the Plaintiffs and the Defendants.
2. The Plaintiffs and the Defendants are jointly owned in their shares in the table, and it is recognized that there was no agreement on the division of each real estate of this case between the Plaintiffs and the Defendants. As such, the Plaintiffs, co-owners of each real estate of this case, may file a claim against the Defendants, who are other co-owners, for the division of each real estate of this case pursuant to
2. Method of partition of co-owned property;
A. Division of an article jointly owned by the relevant legal principles may be selected at will if there is an agreement between the co-owners, 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. The court may order the auction of the article only when the value of the article might be significantly reduced if it is unable to divide it in kind or if it is divided in kind in kind. Thus, barring the above circumstances, the court shall decide to recognize the sole ownership of each co-owner for the article jointly owned by dividing it into several articles in kind in accordance with the ratio of shares of each co-owner, and each co-owner's own ownership for the article divided into two articles in kind. In this case, the method of division shall not be decided by the party at the discretion of the court, but shall be reasonably divided in accordance with the ratio of shares of co-owners
(See Supreme Court Decision 2004Da10183, 10190 delivered on July 22, 2004, etc.) B.
Judgment
In light of the above legal principles, circumstances acknowledged in full view of the descriptions of Gap evidence Nos. 1 through 6, U.S., and V’s appraisal results, i.e., each of the real estate of this case.