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1. A ship which connects each point of the attached table No. 2 to 8, 15, 14, and 2, among the area of 731 square meters in Seosan-si.
Reasons
1. Basic facts
A. Of 731 square meters in Seosan-si (hereinafter “instant land”), the Plaintiff owns 112/731 shares, and the Defendants own 309.5/731 shares, respectively.
B. The Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant land.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings
2. Partition of the article jointly owned;
A. According to the facts of the establishment of the claim for partition of co-owned property, the Plaintiff may demand the Defendant to divide the pertinent land based on the co-ownership of each of the instant land.
B. Division of the method of partition of the article jointly owned by one owner may be selected at will if consultation is held between the co-owners, but if the article jointly owned is divided by a trial due to the failure to reach agreement, the court shall in principle divide it in kind. The court may order the auction of the article only when the value of the article is likely to be significantly reduced if the article is divided in kind or in kind. Thus, barring the above circumstances, the court shall make a judgment that recognizes the sole ownership of each co-owner for the article jointly owned by dividing the article jointly owned into several articles in kind in accordance with the ratio of shares of co-owners and then it shall make a reasonable division according to the ratio of shares of co-owners according to the relation of co-ownership or all the circumstances of the article, which is the object of the co-ownership at the discretion of the court, rather than by the method requested by the parties.
When land is partitioned, in principle, the area of land acquired by each co-owner shall be equal to the ratio of the co-owned share. However, it is not necessarily necessary to divide it only in such a way, but it is not equal to the form, location, use status, or economic value of the land.