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1. It connects real estate listed in the separate sheet to each point in order of 9, 10, 11, 12, 13, 14, 15, and 9, in the separate sheet.
Reasons
1. Co-owned property partition claim
A. The following facts are not disputed, or recognized by Gap evidence 5 and the purport of the whole pleadings:
B. The Plaintiff (Appointed Party) and the designated parties (hereinafter “Plaintiff, etc.”) and the Defendants are equity right holders who share the real estate listed in the separate sheet (hereinafter “instant land”) at each ratio as indicated in the separate sheet of co-ownership as indicated in the separate sheet of co-ownership.
There is no special agreement between the above co-owners on the prohibition of partition, and no agreement on the method of partition has been reached until now.
C. According to the above facts of recognition, the Plaintiff, etc. may request the Defendants to divide the instant land pursuant to Article 269(1) of the Civil Act.
2. Division of the method of partition of co-owned property is, in principle, divided in kind in a case where the co-owners voluntarily choose the method, but if the co-owned property is divided by the judgment because the agreement is not reached, the court shall divide it in kind
(Article 269(2) of the Civil Act. It is possible to sell goods at auction only when the value of the goods is likely to be significantly reduced if it is impossible to divide them in kind or in kind in kind. Thus, barring the above circumstances, the court shall render a judgment to divide the jointly-owned property in kind.
The method of partition shall be made by the reasonable division according to the share ratio of co-owners at the discretion of the court, not by the method requested by the parties, but by the court, according to the overall situation of the goods which are the objects of the division. In the case of land partitioning, in principle, the area of the land acquired by each co-owner shall be equal to that of the co-owner's co-ownership. However, if the form or location of the land, its use status, or economic value is not equal, it shall not be necessarily divided in such manner