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1. 4,370 square meters of the Fancheon-gun Hongcheon-gun, Gangwon-do, and each point indicated in the attached Form No. 4, 5, 6, 7, 8, 9, 10, 11, 12, 23, and 4.
Reasons
1. Basic facts
A. The real estate stated in the disposition (hereinafter referred to as “instant real estate”) shares of the Plaintiff (Appointed Party) and the Plaintiff Appointed G (hereinafter referred to as “Plaintiffs”) in 3/10 shares, shares of Defendant B, C, and D, shares of 1/10, shares of Defendant (hereinafter referred to as “Appointed Party”; Defendant (hereinafter referred to as “Defendant”; hereinafter referred to as “Defendant”); H, I, and J shares of 1/40 each.
B. The method of dividing the instant real estate between the Plaintiffs, Defendant B, and D did not reach an agreement by the date of the closing of the argument in this case.
【Ground for Recognition: Unsatisfy, Entry of Evidence A Nos. 1 and 2, and the purport of the whole pleadings】
2. Determination
A. According to the above recognition facts, the plaintiffs and the defendants shared the real estate of this case, and the co-owners did not reach agreement as to the method of partition of the real estate of this case. Thus, the plaintiffs can file a co-owned property partition claim against the defendants as to the real estate of this case.
B. The method of partition of co-owned property: (a) there is no circumstance to deem that the use of the land specifically divided by dividing the instant real estate in kind would be impeded or the value of the land would be significantly decreased due to the following circumstances, i.e., the following circumstances, i., the statement of evidence No. 1 to No. 4, No. 1 to No. 9; (b) the market price and the result of the survey and appraisal commission; and (c) the economic value (exchange value) of the instant real estate after dividing the instant real estate into the form of kind; (d) the Plaintiffs and the Defendants C, H, E, I, and J agreed to divide the instant real estate as ordered; (d) Defendant B and D did not appear at the date of pleading once; and (d) the location, size and surrounding circumstances of the instant real estate, use value, prices, and share ratio of co-owners’ ownership.