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1.(a)
Attached Form
In the order of 3, 19 through 23, 4, and 3 of the annexed drawings with respect to the land listed in paragraph (1) of the list.
Reasons
1. Each land listed in the separate list of basic facts (hereinafter referred to as “each land of this case,” and each land referred to as “each land of this case,” “the land of this case,” “the land of this case,” “the third land of this case,” and “the third land of this case”) was owned by Defendant F as shares of 16/52, G, Defendant D, and E, respectively.
On June 8, 2017, the Plaintiff purchased G 12/52 shares of each of the instant land as the procedure for compulsory auction and completed the registration of ownership transfer on June 23, 2017.
On June 2, 2019, the Plaintiff sold 12/52 shares among the land Nos. 2 and 3 of this case to the acquiring intervenor, and completed the registration of ownership transfer on June 7, 2019.
[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 through 3, the purport of the whole pleadings
2. The combination of a main lawsuit and a counterclaim shall be deemed to have been combined;
A. In full view of the purport of the entire pleadings as to the entries in Gap 1, 2, and Eul 1 through 3, the land of this case is currently owned by the plaintiff 12/52 shares, the defendants totaling 40/52 shares, and the land of this case 2 and 3 shares totaling 12/52 shares, and the defendants shares totaling 40/52 shares, and it is recognized that there was no agreement on the method of partition of each land of this case between the plaintiff, the plaintiff, the acquiring intervenor, and the defendants until the date of closing argument of this case. Thus, the plaintiff and the acquiring intervenor against the defendants, the defendants can file a claim against the plaintiff and the acquiring intervenor for partition of each land of this case pursuant to Article 269 (1) of the Civil Act.
B. The method of partition of co-owned property is a litigation for formation, and the co-owned property is the subject of sole ownership by exchanging or selling shares among co-owners. Thus, the court shall resolve the co-owned relation as to the objects of co-owned property. Thus, the court shall not seek a partition of co-owned property by free discretion, but at the same discretion, have the co-owned relation or the objects thereof.