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In the ship which connects each point of 5, 6, 8, 7, and 5 of the F forest land of 1,190 square meters (attached Form 1), in the following order:
Reasons
1. Facts of recognition;
A. On December 29, 2004, the Defendants and E, and net G (hereinafter “the network”) completed the registration of ownership transfer (Defendant B6/21 shares, Defendant C4/21 shares, Defendant D1/21 shares, E6/21 shares, and the Deceased 4/21 shares, due to the sale on January 14, 1978 with respect to F forest No. 1,190 square meters (hereinafter “instant land”).
B. The Deceased died on May 4, 2014. Of the instant land, the shares of the Deceased (4/21 shares) were inherited by the Defendant B, who is the mother of the Deceased.
(The deceased did not have spouse and lineal descendant at the time of death).
Of the instant land, E’s share (6/21 share) was transferred to H on November 5, 2015 due to a compulsory sale by official auction on November 3, 2015, but the ownership was transferred to the Plaintiff on October 1, 2019 on September 30, 2019.
The Plaintiff, the co-owner of the instant land, and the Defendants (the final co-ownership of the Plaintiff and the Defendants) did not reach an agreement on the method of partition of the instant land between the Plaintiff and the Defendants (attached Form 2).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 4 and 5, the purport of the whole pleadings
2. Determination
A. According to the above facts acknowledged, the Plaintiff, a co-owner of the land of this case, may file a claim for partition of the land of this case against the Defendants, who are other co-owners, pursuant to Articles 268(1) and 269(1) of the Civil Act.
B. Division of one method of partition of co-owned property can be selected at will if the co-owners reach an agreement, but if the co-owned property is divided through a trial due to the failure to reach an agreement, the court shall divide it in kind in principle. If it is impossible to divide it in kind or if it is divided in kind in kind, it can be done by ordering the auction of the property only when the value might be reduced remarkably. Thus, the above method can be done by ordering the auction of the property.