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1. With respect to each land listed in the separate sheet (Attachment 1), the land listed in paragraphs 2 and 4, among which it belongs to the Plaintiff, and the land listed in paragraphs 1 and 3, respectively.
Reasons
1. Facts of recognition;
A. The Plaintiff and the Defendant shared 1/2 shares of each land listed in the separate sheet (2). The Plaintiff and the Defendant shared 1,138 square meters prior to the subdivision and 3,508 square meters of each of 1/2 shares of each land listed in the separate sheet (2).
B. On July 24, 2013, the Plaintiff and the Defendant: (a) divided the said C’s land into the land in paragraphs 1, 2, and 3 and 4 as indicated in the attached Table Nos. 1, 3, and 4 as indicated in the said Schedule; (b) the land in paragraphs 2 and 4 as owned by the Plaintiff; and (c) the land in paragraphs 1 and 3 as owned by the Defendant.
C. As to each land listed in the separate sheet (Attachment 2), no agreement was reached between the Plaintiff and the Defendant on the method of division until the date of the closing of the instant argument.
[Grounds for Recognition] Facts without dispute, entry of Gap evidence 1 through 7, 9 (including each number), the purport of the whole pleadings
2. Determination:
A. According to the facts acknowledged as above, the Plaintiff, a co-owner, may file a claim against the Defendant, the other co-owners, for the partition of co-owned land in accordance with the attached Forms (1) and (2) pursuant to Articles 268 and 269 of the Civil Act.
B. As to each land listed in the method of partition of co-owned property (1) in the separate sheet (1), comprehensively taking account of the ownership change details and the process of partition, the situation of use, the value of each share and each land, the details of the agreement between the Plaintiff and the Defendant, etc., the land listed in paragraphs 2 and 4 in each of the above lands is appropriate to be owned by the Plaintiff, and the land listed in
(2) As to each land listed in the separate sheet (2), the partition of co-owned property by trial shall be, in principle, made in kind as long as it is possible to make a reasonable partition according to each co-owner's share. However, even if it is impossible to divide in kind or it is possible in form, if the price is likely to decrease remarkably, it shall be made by the so-called payment division ordering the auction of the co-owned property to divide the price. The payment shall be made in installments.