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1.(a)
Attached Form
Land listed in the List I shall be divided into joint ownership of 1/2 shares by Plaintiffs A and B.
(b).
Reasons
The Plaintiffs are co-owners holding shares of 16,639/34,380 of the land listed in the annexed Table 1 (hereinafter “instant land”); and the Defendant is a co-owner holding shares of 1,102/34,380 (=165.3/5157) of the instant land.
The area of the instant land was originally 5,157 square meters, but the area was corrected to 5,163 square meters in the course of registration conversion and its subsequent survey on June 14, 2017.
If the defendant's share is converted based on the area of the above registration conversion, the defendant's share out of the land of this case is 1,102/34,380.
Until the closing date of the instant argument, there was no agreement between the Plaintiffs and the Defendant on the method of dividing the instant land.
The appraised value per square meter of the instant land is KRW 69,00 based on December 7, 2018.
[Ground of recognition] The Plaintiff, a co-owner of the instant real estate, may file a claim for partition of the instant real estate pursuant to Article 269(1) of the Civil Act against the Defendant, another co-owner, pursuant to the purport of the entire pleadings, according to the fact of recognition that the claim for partition of co-owned property was established as a result of Gap evidence No. 1 and
In a lawsuit for partition of co-owned property, the court shall make a rational partition according to the share ratio of co-owners depending on free discretion depending on the circumstances of co-ownership relation or the objects thereof. It is recognized that it is reasonable to acquire the co-owned property concerned to a specific person, comprehensively taking into account the causes of co-ownership relation, the ratio of co-ownership, the economic value of co-ownership in the case of division, the wishes of co-owners about the method of partition, etc. If it is recognized that acquiring the price of the co-owned property from other co-owners does not impair the substantial fairness of the co-owners, the co-owned property shall be owned individually or jointly by one of the co-owners, but the co-owners