Text
1. All appeals filed by Defendant M, P, R, S, T, U, W, Z, and AB are dismissed.
2. The costs of appeal shall be Defendant M, P, R, S, T, U, W, Z.
Reasons
1. Basic facts
A. The Plaintiff (Appointed Party; hereinafter referred to as the “Plaintiff”) and the Appointed B (hereinafter referred to as the “Appointed”) and the Defendants share each real estate listed in the [Attachment 1] list (hereinafter referred to as the “instant real estate”) in [Attachment 2] and [Attachment 3] with each share ratio listed in the calculation table of equity ratio.
B. There was no consultation on the method of dividing the pertinent real estate jointly owned by the Plaintiff, the designated parties, and the Defendants until the closing of the argument in the appellate trial.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings
2. According to the above facts acknowledged as above, the Plaintiff, a co-owner of the instant real estate, and the designated parties, may file a claim against the Defendants, other co-owners, for partition of the instant real estate jointly owned pursuant to Articles 268(1) and 269(1) of the Civil Act.
3. The partition of co-owned property, based on the decision on the method of partition of co-owned property, shall be made by the method of in-kind partition, in principle, insofar as it is possible to make a rational partition according to the shares of each co-owner. However, even if it is impossible in kind or if the price might be reduced remarkably as a result, the auction of the co-owned property shall be ordered, and if it is possible in form, the price shall not be divided in kind, but it shall not be physically strict interpretation. It includes cases where it is difficult or inappropriate to divide the co-owned property in kind in light of the nature, location, area, use situation, use value after the partition, etc. of the co-owned property.
(1) In light of the aforementioned facts and the overall purport of the arguments admitted earlier, the Plaintiff and the Defendants, including the Plaintiff and the designated parties, by taking into account the following facts: (a) where the instant real estate is divided in kind, the area according to the share ratio of a certain co-owner does not exceed one square meter when the said real estate is divided in kind.