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1. Of the real estate listed in the separate sheet, it connects each point in the separate sheet Nos. 2 through 9, 16, 15, 20, and 2.
Reasons
1. Basic facts
A. On March 3, 1992, the Defendant, D, and E, who shared 1/3 each of the real estate listed in the separate sheet (hereinafter “instant real estate”), drafted a written agreement on March 3, 1992, in which the Defendant would use the upper part of the instant real estate 50 square meters, E’s middle part 62 square meters, and D’s 60 square meters, respectively.
B. On July 31, 2013, the Plaintiffs purchased 1/3 shares of each of the instant real estate from D and E in KRW 430,090,000. The Plaintiffs completed the registration for transfer of ownership as one-third shares each of the instant real estate under the receipt of 62932 and 62933 of the same registry office on August 21, 2013.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including each number, if any; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination
A. According to the above facts acknowledged as above, the plaintiffs are co-owners of the real estate of this case, and since the agreement on partition of co-owned property with the defendant did not have been reached, the plaintiffs can file a claim for partition of the real estate of this case against the defendant who is another co-owner pursuant to Article 269(1)
B. Division of the method of partition of co-owned property may be decided at will if the co-owners reach an agreement, but if the co-owners divide the co-owned property through a trial due to the failure to reach an agreement, the court shall divide it in kind in principle. The court may issue an order for auction of the goods only when the value of the property is unlikely to be reduced remarkably if the co-owners divide it in kind or in kind. Thus, barring the above circumstances, the court shall make a judgment to recognize the sole ownership of each co-owner for the divided property by dividing the jointly-owned property into several items in kind as it is, and each co-owner's sole ownership for the divided property. The method of partition shall not be decided at the discretion of the court, but at the discretion of the court.