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1. A ship that connects each point of the attached Form Nos. 11, 12, 13, 14, 16, 11 among the land size of the attached Form Nos. 3,663 square meters before the Gangseo-gu Seoul Metropolitan Government.
Reasons
Basic Facts
Co-owner’s share: (a) Defendants C 420/2100, Defendant C 420/2100, Defendant D 420/2100, Defendant E 56/2100, Defendant G 56/2100, Defendant H 56/2100, Defendant H 56/2100, Defendant J 56/2100, Defendant J 56/2100, Defendant J 56/2100, Defendant C 84/2100, Defendant C 105/2100, Defendant M 105/2100, Defendant N45/2100, Defendant P 30/2100, Defendant P 30/2100, and Q 363m263m2 (hereinafter “instant land”) are jointly owned by the Plaintiff as follows:
As of the closing date of the instant case, no agreement was reached between the Plaintiff and the Defendants on the method of dividing the instant land.
[Ground of recognition] According to the above facts established by Gap evidence Nos. 1 and 11 and the purport of the whole pleadings, the plaintiff, co-owner, may file a claim for partition against the defendants, other co-owners, pursuant to Articles 268 and 269 of the Civil Act.
In the method of partition of co-owned property, if an agreement is reached between the parties, the method may be selected at will, but if the co-owned property is divided by a trial due to the failure to reach agreement, the court shall divide it in kind in principle. The court may make a decision by comprehensively taking into account all the circumstances revealed in the pleadings of the instant case, such as the contents of consultation with the parties, structure, size, location, utilization status of the land
As to this case, the following facts and circumstances can be acknowledged in full view of the results of the measurement and appraisal commission for the head of the Gangseo-gu regional headquarters of the Korea Land Information Corporation and the head of the Young-gu regional headquarters of this Court.
① Of the instant land, the area of the part (i) in a ship connected each point of which is indicated in the annexed drawing No. 11, 12, 13, 14, 16, and 11 is 732 square meters, and the area of the part (ii) in a ship connected each point of which is indicated in the annexed drawing No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 16, 14, 15, and 11 is 2,931 square meters.
(2) Onboard drawings (i) and part thereof shall be indicated in attached Form.