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1. The Defendants shall be paid KRW 100,000 each from the Plaintiff, and at the same time, the Plaintiff shall be paid KRW 1,064 square meters for each of the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff and the Defendants shared the Plaintiff’s 111/112 shares, and the Defendants shared 1/336 shares, respectively, in the proportion of 1/336 shares, of the 111/112 shares in Gangseoyang-gun F.
[G, the nominal owner of 1/112 shares on the register, died on November 15, 2012, and the Defendants, who are their children, inherited the shares of G at the ratio of 1/3 shares (i.e., each 1/336 shares).
There is no agreement between the Plaintiff and the Defendants on the division of the instant land.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. According to the facts acknowledged above, the Plaintiff, a co-owner of the land of this case, may file a lawsuit against the Defendants, who are other co-owners, in accordance with Article 269(1) of the Civil Act, to divide the land of this case.
3. Method of partition of co-owned property;
A. In the case of the division of an article jointly owned by many persons, in principle, each co-owner's land size shall be equal to the share of co-ownership. However, the form or location of the article jointly owned by each co-owner is not necessarily to be divided in such a way, but if the form or location of the article jointly owned by each co-owner is not equal, or the use situation or economic value is not equal, it is also allowed to divide the economic value in proportion to the share ratio in consideration of all such circumstances. If certain requirements are met, it is allowed to divide the article by requiring the co-owner to adjust the excess or excess of the economic value in cash between the co-owners. Furthermore, it is recognized that it is reasonable to acquire the article jointly owned by each co-owner in consideration of the cause of the co-ownership relationship, the economic value of the co-owner's share, and the wishes of the co-owner in the division method