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1.The judgment of the first instance shall be modified as follows:
Each land listed in the attached Table 1 shall be put to an auction and proceeds therefrom.
Reasons
1. Basic facts
A. As to each of the real estate listed in the separate sheet No. 1 (hereinafter “each of the instant land”), the Plaintiff owned and owned 168/488 shares with respect to each of the real estate listed in the separate sheet No. 1 (hereinafter “each of the instant land”), and the network C owned 320/48 shares, respectively.
According to the relevant cadastral map, the shape of each land of this case is as follows.
K L JI M NO P
B. The deceased on July 10, 2007, and the Defendant (Appointed Party), Appointed Party E, F, G, and H inherited their property.
C. As of the date of closing argument in the instant case, the following is arranged.
Separate Inheritor’s Equity Holdings C (320/48 x 2/488 x 320/48 x 320/48 x 2/4344 equity owned by Defendant (Appointed Party) 2/13/13 (=20/48 x 2/13 x 3/13) designated parties E 2/13 640/6344 equity (=320/48 x 3/13) designated parties E 2/13 / 640/6344 equity owned by the designated parties (=320/488 x 2/13) (=320/48 x 320/488 x 2/488 x 13) G2/1320/48 x 2/48 x 13/1332/48) x 2/46342/3434/48)
D. Not only between the Plaintiff and the deceased C, but also between the Plaintiff and the Defendant (Appointed Party) and the Appointors, there was no agreement on the method of dividing each of the instant real estate.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 and 5 evidence (if there are provisional numbers, including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination
A. Co-owners of the real estate jointly owned may at any time claim a partition of the jointly owned property against other co-owners (Article 268(1) of the Civil Act). As seen earlier, the Plaintiff and the Defendant (Appointed Party) and the appointed parties did not reach an agreement on the method of partition of each of the instant real estate, which is jointly owned. Thus, barring any special circumstance, the Plaintiff, the co-owners of each of the instant real estate, as co-owners, is against the Defendant (Appointed Party) and the appointed parties.