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1. Of the area of 272 square meters in Gu, Gu, Si, Si, Do, the attached Table 1 appraisal map marks 3, 19, 20, 13 through 18, 2, and 3 are the same in sequence.
Reasons
1. Basic facts
A. The Plaintiff owns 157/325 shares, Defendant B’s 56/325 shares, and Defendant C owns 112/325 shares, respectively.
B. In the case of the Gu-si, Si-si, Seoul, adjacent to the land No. 1 (hereinafter “2”) the Plaintiff owns 157/325 shares, the Plaintiff’s husband F, 121/325 shares, and Defendant C owns 47/325 shares, respectively.
C. On the ground of the land Nos. 1 and 2, buildings owned by the Plaintiff, F, and Defendants are located.
[Ground of Recognition] A without dispute, Gap evidence Nos. 1 through 5, 13, Eul evidence Nos. 2, each film of Gap evidence Nos. 8, 9, and 10 (including a serial number), the result of the verification by this court, the result of each appraisal commission to the old and new branch offices of this court, the purport of the whole pleadings
2. Determination
A. According to the purport of the entire pleading of the claim for partition of co-owned property, each of the facts that the Plaintiff and the Defendants did not reach an agreement on the division of co-owned property. Thus, the Plaintiff, a co-owner of the first land, may file a claim for partition of the first land with the Defendants, other co-owners, pursuant to Article
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 co-owned property into several goods in kind as it is, and then, the co-owner's sole ownership for the divided property shall be sought by the parties.