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1. Of the area of 6,331 square meters before J., Seocheon-gun, Seocheon-gun, Seocheon-gun, Chungcheongnam-gun, each point is indicated in the annexed drawing Nos. 1 to 28, 38, 40 to 54, and 1.
Reasons
1. Basic facts
A. The Plaintiff (Withdrawal) is a 20/501 share holder of 6,331 square meters (hereinafter “instant land”) before YYYYYYYYYYYYYYYYYY, Defendant C is a share holder of 431/501 of the instant land, Defendant E is a share holder of 150/55111 of the instant land, and the remainder of the Defendants are share holders of 100/55111 of the instant land.
Plaintiff
The Intervenor (Defendant C) purchased the shares above A and completed the registration of transfer of shares on March 23, 2017.
B. There was no agreement on division between A and the Defendants.
[Judgment of the court below] The ground for recognition is without dispute, Gap evidence No. 1, and the ground for appeal
2. Determination
A. Inasmuch as the agreement on the method of partition was not reached among co-owners of the land of this case, the Plaintiff’s acquiring intervenor, who is co-owners, may file a judicial partition claim against the Defendants, other co-owners, regarding the land of this case. In principle, the partition of co-owned property by a trial is made in kind as long as it is possible to make a reasonable partition according to each co-owner’s share. However, it is impossible or possible in form
Even if the value is likely to be reduced remarkably due to it, it shall be made by the method of payment in installments.
B. Furthermore, we examine the method of division.
In full view of the following circumstances acknowledged as above, comprehensively taking into account the aforementioned facts, Gap evidence Nos. 3, 4, Eul evidence Nos. 1 and 14, and the overall purport of the pleadings, it is reasonable to divide the land of this case into kind as described in paragraph (1) of this Article.
① The instant land owned by Defendant C, and sold 50/501 shares to K around 1973, and thereafter, the Defendants, except Defendant C, succeeded to the said shares and jointly succeeded to the said shares.
Defendant C succeeded to the above shares from the referring.
② On the ground of the instant land, Defendant C’s lighting graves are installed, and Plaintiff C was installed.