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1. Onboard (A) which connects 1, 10, 11, 8, 9, and 1 of the annexed drawings with the Yancheon-gun Y25 square meters in sequence.
Reasons
1. The following facts do not conflict between the parties, or are acknowledged in full view of Gap evidence 1, Gap evidence 4-1, 2, 5-1, and Eul evidence 1, and the whole purport of the arguments as a result of the request for surveying and appraisal to the Korea Land Information Corporation, and there is no counter-proof.
The Plaintiffs and the Defendants are co-owners of Gangseocheon-gun, Hongcheon-gun, Y25 square meters (hereinafter “instant land”), and the shares of the Plaintiffs and the Defendants are as shown in attached Table 1.
B. The instant land is a rectangular-type land and is in the shape of which the Plaintiffs exclusively use the portion (A) size of 126 square meters in the ship (a) connected with each point of the attached drawing Nos. 1, 10, 11, 8, 9, and 1 among the instant land. The portion (c) part (a) in the ship (a) connected each point of 8, 11, 12, 7, and 8 with the same drawing Nos. 8, 11, 12, 7, and 8 are adjacent to the Z acquired by Defendant X, and Defendant X occupies it in accordance with the agreement with the Plaintiffs.
C. Until the closing date of the instant argument, consultation on partition of co-owned property between the Plaintiffs and all the Defendants did not exist.
2. The plaintiffs can file a claim for partition of the land in this case as co-owners of the land in this case, and since the consultation on the partition of co-owned property with the Defendants was not constituted, the plaintiffs' claim for partition of co-owned property
The court shall, in principle, divide the article jointly owned into several articles in kind in accordance with the ratio of shares of each co-owner, and shall render a judgment that recognizes the sole ownership of each co-owner for the article divided into several articles in kind in accordance with the ratio of shares of each co-owner.
In addition, the method of division is not the way requested by the parties, but is the co-ownership relation or the object at the discretion of the court.