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1. The Plaintiff’s sole ownership of the J Cemetery 990 square meters in the Sinjin-si, and the indication of the annexed drawing among the 5714 square meters in the K forest in Sinjin-si, J. 1 through 19.
Reasons
1. Facts of recognition;
A. The Plaintiff shares 6605/6704 shares, and the Defendants shares 99/6704 shares in proportion to 99/6704 shares, respectively.
B. The Plaintiff demanded the Defendants to divide the instant real estate, but no agreement was reached between the Plaintiff and the Defendants on the method of division until the date of the closing of the instant argument.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 3 and the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, the Plaintiff sharing the instant real estate and the Defendants did not reach an agreement on the method of partition. Thus, the Plaintiff, a co-owner, may file a claim against the Defendants, who are other co-owners, for the partition of the instant real estate.
B. The method of partition of co-owned property can be selected at will if the co-owners reach an agreement, but if the co-owners divide the co-owned property through a trial because they did not reach an agreement, the court shall divide it in kind in principle. The court may order the auction of the goods only when the value of the property is likely to be reduced remarkably if the co-owners divide it in kind or in kind. Thus, barring the above circumstances, the court shall decide to recognize the sole ownership of each co-owner for the divided property by dividing the jointly-owned property into several goods in kind, and then the co-owner's own ownership for the divided property shall be decided according to the share ratio of each co-owner. The method of partition shall not be decided by the parties, but by the court's discretion, by the share ratio of the co-owner's co-owners depending on the co-ownership relation or all
In addition, when real estate is divided, in principle, the area of the real estate acquired by each co-owner is the ratio of the co-ownership.