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1. The plaintiffs and the defendants shall make a partition of co-owned property as follows.
Attached Form
Schedule 20, 21, 23, 24.
Reasons
1. Basic facts
A. The real estate listed in the separate sheet (hereinafter “instant real estate”) is jointly owned by the Plaintiffs and the Defendants in proportion to their shares as indicated in the separate sheet.
B. However, until the closing date of the instant pleadings, there was no agreement on the division of the instant real estate between the Plaintiffs and the Defendants.
[Ground of recognition] Facts without dispute, Gap 1 through 89 evidence, Eul 12-1, 2, Eul 13-1, 2, and 3, the purport of the whole pleadings
2. Determination and conclusion
A. According to the above facts of recognition, insofar as the agreement on the division method has not been reached between the plaintiffs, co-owners of the real estate of this case and the defendants, the plaintiffs may, pursuant to Article 269(1) of the Civil Code, file a claim against the defendants, who are other co-owners of the real estate of this case, for the division of
(B) The Defendants asserted that “The instant real estate is not jointly owned with the Plaintiff, but in partnership relations.” However, there is no evidence to acknowledge it, and the Defendants agreed to the division of the instant real estate on the appraisal date.”
Furthermore, it is reasonable to divide the instant real estate in the same manner as indicated in the text, in view of the nature, location, area, use situation, the use value after the division, and the co-owner’s intent to divide the instant real estate in consideration of the health team, the above recognition, the evidence submitted by the Plaintiffs, the appraisal results by each appraiser I, and the purport of the entire pleadings.
C. 1) Meanwhile, the Plaintiffs initially filed an application against the Defendants for mediation to the effect that “as to the management of the instant real estate, Plaintiff A is selected as the representative for the Plaintiffs,” and subsequently amended the purport of the claim to the effect that “the instant real estate is divided as stated in the purport of the claim” at the 9th pleading of the instant case.