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1. Defendant B received KRW 8,384,709 from the Plaintiff, while Defendant B received KRW 8,387,709 from the Plaintiff, and at the same time, 467.
Reasons
1. Facts of recognition;
A. The Plaintiff owns 329/3696 shares among the 3587m2 (hereinafter “instant land”); Defendant B owns 467/7392 (6.3% shares); Defendant C owns 234/7392 (3.1%) shares; and Defendant D owns owns 233/7392 (3.1%) shares.
B. On November 3, 2016, the head of the Daejeon District Court, the registry office of the Daejeon District Court, and the provisional registration of the F’s right to claim transfer of shares was completed as of November 3, 2016.
C. The Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant land.
【Reasons for Recognition】 Evidence Nos. 1 and 2, Evidence No. 3-1 to 3-3, the purport of the whole pleadings
2. Judgment as to partition of co-owned property
A. As seen in the above facts, the Plaintiff, a co-owner of the instant land, and the Defendants did not reach an agreement on the method of partition. As such, the Plaintiff, a co-owner, may file a claim for judicial partition against the Defendants, who are other co-owners.
B. As a lawsuit for partition of co-owned property, a lawsuit for partition of co-owned property is formed, and it refers to the resolution of co-ownership relation as to the objects of co-ownership by exchanging or selling shares among co-owners. Thus, the court shall make a reasonable partition according to the co-owner's share ratio according to the co-ownership relation or the situation of the objects which are the objects of co-owned property at free discretion without seeking a partition of co-owned property (see, e.g., Supreme Court Decisions 93Da27819, Dec. 7, 1993; 97Da18219, Sept. 9, 197). Therefore, in a case of division of property jointly owned by several persons, the area of land acquired by each co-owner should be equal to the ratio of the co-owned share, but it is not necessarily required to be divided by such method, but it is the form or location of the co-owned property, its use or economic situation.