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1. In cases of indication 1,2,3,4,24,5,5,6,7,7,8,9, 10, 11, 12, 13, 14, and 1,2, 3, 4, 24, 5, 6, 7, 8, 9, 10, 100 square meters in attached Form, Hongcheon-gun
Reasons
1. Basic facts
A. The Plaintiff completed the registration of ownership transfer on the grounds of sale on September 29, 2016 with respect to the land of Hongcheon-gun, Hongcheon-gun, Gangwon-do (hereinafter “instant land”).
B. On June 18, 2015, the Defendant purchased, on June 31, 2015, the Gangwon-do Hongcheon-gun D Forest Land (hereinafter “Defendant’s land”) adjacent to the instant land, concluded a real estate sales contract with the Plaintiff for purchase of KRW 40 million (hereinafter “instant contract”) of KRW 150,000,00,00, in a form of land attached to the Defendant’s land among the instant land, attached to a specific drawing.
C. On November 9, 2016, pursuant to the instant contract, the Plaintiff completed the registration of ownership transfer under the name of the Defendant with respect to 495/9,750 shares of the instant land, which amount to 150 square meters among the instant land.
There is no agreement between the Plaintiff and the Defendant to prohibit the division of the instant land, and contrary to the instant contract, no agreement on the method of partitioning the instant land has been reached as of the date of closing argument.
[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1 through 5, 7, 8, 9, 12, the purport of the whole pleadings
2. According to the above facts, the Plaintiff, a co-owner of the instant land, may file a claim against the Defendant, who is another co-owner, for the partition of the instant land pursuant to Article 269(1) of the Civil Act.
Next, as to the method of partition, the following circumstances are acknowledged to show the overall purport of pleadings as a result of the survey appraisal by the Health Team, Gap evidence produced from the foundation facts, Gap evidence Nos. 13, 14, and 15 (including provisional numbers), and Hongcheon Branch of the Korea National Land Information Corporation's Hongcheon District Headquarters, namely, ① the Plaintiff and the defendant concluded the instant contract with the purpose of dividing the part of the instant land to be purchased by the Defendant and using it together with the Defendant’s land, beyond the agreement prohibiting the division of the instant land, and ② the appraisal of the text No. 1.