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1. A ship that connects each point of 7, 2, 3, 4, 8, and 7 of the annexed drawings with D forest land 2,821 square meters in Sungsung-si, Gyeonggi-do.
Reasons
1. Facts of recognition;
A. The Plaintiff and the Defendants shared Plaintiff 1499/2821/28 of the instant real estate (hereinafter “instant real estate”) with the proportion of 661/21/28 of the Plaintiff and the Defendants respectively.
B. There is no agreement between the Plaintiff and the Defendants not to divide the instant real estate.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings
2. Determination
A. According to the above facts, the Plaintiff, a co-owner of the instant real estate, may file a claim against the Defendants, who are other co-owners, for the partition of the instant real estate jointly owned pursuant to Article 269(1) of the Civil Act.
B. As to the partition of co-owned property
1) Division of a co-owner’s jointly-owned property may be selected at will if a consultation is held between the co-owners, but if the jointly-owned property is divided by a trial due to the failure to reach an agreement, the court shall, in principle, divide it in kind. It is possible to order the auction of the goods only when it is impossible to divide it in kind or when the value is considerably reduced if it is divided in kind. Thus, barring the above circumstances, the court shall render a judgment that recognizes the sole ownership of each co-owner for the divided property by dividing the jointly-owned property into several goods in kind according to the share ratio of each co-owner. Furthermore, the method of division is not the method requested by the parties, but can be reasonably divided according to the share ratio of the co-owner according to the situation of the goods that are the co-owner’s co-owned relation or the object. If the properties jointly-owned are divided in kind, the remaining co-owners who do not want to be divided in kind within the share limit of the co-owner and the remaining co-owners who do not want the division are jointly-owned (see, etc.).