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1.(a)
With respect to the size of 7,273 square meters prior to the D of Gangwon-gun, Gangwon-do, the attached Form No. 30, 41, 42, 43, 44, 45, 18, 19, 20, 21, 22, 23, 23, of the drawings.
Reasons
The Plaintiff and the Defendants, as to the right to claim partition of co-owned property, hold 1/2 shares, and the Defendants own 1/2 shares, and as to each of the instant lands, held 1/4 shares, the Defendants did not reach an agreement on the method of partition of the instant real estate between the Plaintiff and the Defendants as of the closing date of the pleadings in this case, either the parties did not dispute between them, or the entire purport of the pleadings in Gap, 2, and 3 (including a provisional number; hereinafter the same shall apply).
Therefore, the Plaintiff may claim the division against the Defendants, who are other co-owners, by means of a lawsuit pursuant to Article 269(1) of the Civil Act.
The method of partition of co-owned property can be selected at will if the co-owners reach an agreement, but if the co-owned property is divided by judgment because the agreement is not reached, the court shall divide it in kind in principle.
However, if it is impossible to divide the article in kind or it is possible to divide the article in kind into money, the auction can be ordered only when the value of the article is likely to be significantly reduced. Thus, barring the above circumstances, the court shall divide the article jointly owned into several articles in kind according to the share ratio of each co-owner and decide to recognize the sole ownership of each co-owner for the divided article in kind.
The method of division shall be without difficulty at the request of the parties, and shall be reasonably divided according to the share ratio of the co-owners at the discretion of the court, depending on the circumstances of the co-owner's co-ownership or the objects of the division of land, and in principle, the area of the land to be acquired by each co-owner shall be equal to the share ratio, but the form of the land shall not be necessarily divided in such a manner.