beta
Text
1. It connects each point of the attached Form No. 1, 2, 3, 8, 9, 10, 11, and 1 with respect to the area of 929 square meters in Asia-si.
Reasons
1. Basic facts
A. The Plaintiff and the Defendants owned the Plaintiff 4/6 and 1/6 of each of the Defendants, respectively, at the rate of 929 square meters (hereinafter “instant land”).
B. The Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant land.
【Ground for Recognition: Facts without dispute, Gap 25 evidence, and 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. Co-owned property partition by judgment on the method of partition may, in principle, be divided in kind; however, if an article jointly owned by many persons is divided in kind, it may be divided in kind within the share limit of the co-owner, and the remaining co-owners who do not want the partition may be allowed to remaining as co-owners.
In light of the following facts, the Plaintiff purchased a building located on the ground of Section 1, 2, 3, 8, 9, 10, 11, and 1 among the land in this case, which is connected in order to each point of the attached drawing indication 1, 2, 3, 8, 9, 10, 11, and 1, and used as a lodging house for the employees belonging to the Plaintiff, and there is no dispute between the Plaintiff and the Defendants, such as the shape, location, utilization status, economic value, each share ratio of the Plaintiff and the Defendants, and the area after division, and the results of the commission of surveying and appraisal for the Asian mountainous district of the Korea Land Information Corporation (including household numbers) and the entire purport of the pleadings, it is reasonable to divide the above Section 1 into the Plaintiff’s ownership, and 37 square meters in proportion to each point of the attached drawing indication 3,4, 5, 6, 7, 8, and 3.