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1. The Defendants, at the same time, receive the money stated in the separate sheet “purchase Price” column from the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff and the Defendants owned 119/245 shares, and the Defendants owned 1021 square meters of K forest land in Seocho-gu, Seoan-gu (hereinafter “instant land”) in the proportion indicated in the separate sheet “shares” in the attached sheet.
B. The Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant land.
[Reasons for Recognition] Unsatisfy, Gap evidence 1-4, Gap evidence 11, the purport of the whole pleadings
2. Determination
A. According to the facts established as above, the Plaintiff, one of the co-owners of the instant land, may claim a partition of co-owned property against the Defendants, who are other co-owners, barring special circumstances. As such, the agreement with the Defendants on the method of partition of co-owned property did not have been reached, the Plaintiff may claim a partition of the instant land against the Defendants, who are co-owners.
B. Division of one method of partition of co-owned property can be selected at will if the co-owners reach an agreement, but if the co-owned property is divided by a trial due to the failure to reach an agreement, the court shall divide it in kind in principle. If it is impossible to divide it in kind or it is possible to divide it in kind in kind, the court may issue an order for auction of the property only when the value might be reduced remarkably.
It is recognized that it is reasonable to acquire the jointly owned property concerned to a specific person, comprehensively taking into account the causes of the co-ownership, the ratio of co-ownership to co-ownership, the economic value of the co-ownership in the case of division, the desire of co-owners on the method of division, etc., and the acquisition of the price of the share to other co-owners is deemed not detrimental to the substantial fairness of co-owners, and the co-owners who own the jointly owned property shall own it separately.