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1. Each real estate listed in the separate sheet is jointly owned by Defendant B in shares of 5/32, Defendant C, D Co., Ltd., and E in shares of 9/32.
Reasons
1. Each real estate of this case, upon the occurrence of co-owned property partition claim, is jointly owned by the Plaintiff, Defendant B, Defendant C, D, and E with 2/8 shares. The Defendants want to purchase the Plaintiff’s shares according to the market price appraisal result, but the Plaintiff refused to sell at the price. Thus, the Plaintiff, a co-owner of each of the above real estate, may file a claim for the partition of each of the above real estate against the Defendants, the other co-owners, pursuant to Article 269(1) of the Civil Act.
[Ground for Recognition: Facts without dispute, Gap evidence, purport of whole pleadings]
2. Method of partition of co-owned property;
A. Division of an article jointly owned may be selected at will if the co-owners reach an agreement, but if the article jointly owned is divided by a trial due to the failure to reach an agreement, the court shall, in principle, divide it in kind. If it is impossible to divide it in kind or if it is possible to divide it in kind, the value of the article may be reduced remarkably, the auction of the article may be ordered to be paid in installments.
In addition, the lawsuit for partition of co-owned property is a litigation for formation, and it means to resolve the co-ownership relation as to the objects of co-ownership by exchanging or selling shares among co-owners. Thus, the court shall make a rational partition according to the co-owner's share ratio according to the co-ownership relation or all the circumstances of the objects of co-owned property at free discretion, not by the method of seeking co-owned property partition.
(see, e.g., Supreme Court Decisions 93Da27819, Dec. 7, 1993; 97Da18219, Sept. 9, 1997). Therefore, in cases of dividing an article jointly owned by multiple persons, in principle, the area of the land acquired by each co-owner shall be equal to that of the co-owner’s share, but it is not necessarily required to be divided in such a way.