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1. Defendant C: (a) 2/9.9.2 square meters of the Plaintiff’s housing of 205 heading 46.02 square meters of reinforced block structure on the ground of 360.6 square meters in Suwon-gu, Busan;
Reasons
1. Basic facts
A. As to the second-story reinforced block structure with 360.6 square meters on land in Suwon-gu, Busan Metropolitan City (hereinafter “instant housing”), Defendant F, on April 14, 2015, upon the death of G, was inherited by 3/9, H, Defendant B, and D, respectively, and completed the registration of ownership transfer.
B. On January 28, 2016, the Plaintiff received 2/9 shares of H in the instant housing due to the sale by compulsory auction. At the time, the sale price was KRW 10.5 million.
C. The Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant housing.
【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 3, the purport of the whole pleading
2. Determination as to the cause of action
A. Since the co-owners of the instant house at issue did not reach an agreement on the method of partition of the co-ownership, one of the co-owners may file a claim for partition of the instant house against the Defendants, who are the remaining co-owners, pursuant to Article 269(1) of the Civil Act.
B. The lawsuit for partition of the common property is a form of lawsuit for partition of the common property, which is the method of partition, and refers to the resolution of co-ownership relation as to the objects of co-ownership through the exchange of shares between co-owners or the sale and purchase of the objects of co-ownership. As such, the court shall make a reasonable partition according to the share ratio of co-owners depending on the relation of co-ownership or the overall circumstances of the objects of the co-ownership, not by the method requested by the claimant for partition,
It is recognized that it is reasonable to acquire the article jointly owned by a specific person in consideration of the causes of the sharing relationship, the ratio of shares to the sharing, the economic value in the case of the division, the desire of the co-owners on the method of division, and the acquisition of the price of the article jointly owned by other co-owners is substantial.