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1. Of the real estate listed in the separate sheet No. 1, the Plaintiff, Defendant D, and E-owned shares of 184/2,760 and the list No. 2.
Reasons
1. Facts of recognition;
A. Of the real estate listed in the separate sheet No. 1 (hereinafter “instant land”), the registration of ownership transfer in the name of Defendant B, A, C, and Nonparty G, and H was completed with respect to each of the 552/2,760 (1/5) shares in the real estate listed in the separate sheet No. 1 (hereinafter “instant land”), and the registration of ownership transfer in the name of G was completed with respect to the real estate listed in the separate sheet No. 2 (hereinafter “instant building”).
B. Of the instant land, the ownership transfer registration was completed on June 11, 2015 in the name of Defendant D, E, and Non-Party I, on April 11, 2005, with respect to shares of 184/2,760 (1/15) and shares of 1/3 of the instant building among the shares in 552/2,760 (1/5) and shares of 1/3 of the instant building.
C. Defendant F was awarded shares of H 184/2,760 (1/15) out of the instant land and completed the registration of ownership transfer on October 6, 2015, in the case of the compulsory auction of real estate in Changwon District Court Muwon District Court Masan Branch, and the Plaintiff was awarded shares of 184/2,760 (1/15) out of the instant land and 1/3 of the instant building, and completed each registration of ownership transfer on April 8, 2016.
The land of this case holds 52/2,760 (1/5) shares of Defendant B, A, C, and F, respectively, and shares of 184/2,760 (1/15) of the Plaintiff, Defendant D, and E, respectively. The building of this case holds one-third shares of the Plaintiff, Defendant D, and E.
E. In addition to the instant building (No. 202), five buildings, including 101, 102, and 201, and underground floors, exist as independent buildings separated from one building constructed on the ground of the instant land.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, and purport of whole pleadings
2. Judgment on the plaintiff's claim
A. Article 269 of the Civil Code provides that when an agreement on the method of division is not reached, co-owners may request a court to divide it (Paragraph 1) and when it is impossible to divide it in kind in kind or the value of it is likely to be reduced remarkably due to the division, the court shall sell it by auction.