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1. The G Cemetery 333 square meters and H cemetery 510 square meters in Ansan-si;
A. Of the 333 square meters of a G cemetery in Ansan-si, indication 14, 19, 6, 7, 8.
Reasons
1. The Plaintiff and Defendants shared each of the lands listed in paragraph (1) of this case (hereinafter “each of the lands of this case”), and the fact that the Plaintiff and the Defendants did not reach an agreement on the partition method of each of the lands of this case, which were jointly owned by the closing date of pleadings in this case, does not conflict between the parties, or that the agreement on the partition method of each of the lands of this case was not reached between the parties, may be acknowledged by adding the whole purport of the pleadings to
According to the above facts of recognition, the Plaintiff, the co-owner of each of the instant lands, and the Defendants did not reach an agreement on the method of partition. Therefore, the Plaintiff may file a lawsuit against the Defendants, the other co-owners, in accordance with Article 269(1) of the Civil Act, barring any special circumstance.
2. Method of partition of co-owned property;
A. Division of the article jointly owned can be decided by the parties at their discretion, but if the article jointly owned is divided by a trial due to the failure to reach agreement, it is in principle divided in kind. If it is impossible to divide it in kind or if it is possible to divide it in kind in kind, the auction of the article can be ordered only when the value of the article might be significantly decreased. In this case, each of the land in this case is divided by the method of spot-sale, as there is no special circumstance as seen above.
B. We examine the detailed method of subdivision with regard to each of the instant land in order to see the following circumstances, i.e., the following circumstances: (a) the part (i) part 229 square meters connected each of the points in the attached map No. 14, 19, 6, 7, 8, 9, 10, 11, 12, 13, and 14 of the G Cemetery No. 333 square meters in Ansan-si; and (b) the Plaintiff’s dry field, warehouse, etc., and the same map No. 15, 18, 2, 3, 4, 5, 19, 14, and 15; and (c) the same map No. 229 square meters in sequence.