beta
Text
1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).
purport, purport, and.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
Basic Facts
The Plaintiff owned 4/30 shares, 10/30 shares, 4/30 shares, 4/30 shares, 8/30 shares, and 8/30 shares, respectively.
The Defendant completed the registration of ownership transfer for each share of C and D on January 22, 2016 on January 21, 2016, and the registration of ownership transfer for each share of E on June 16, 2016.
Although the Plaintiff and the Defendant wanted to divide the instant land, they did not reach an agreement on the method of division by the date of closing argument in the trial.
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, and Eul evidence No. 1, and the above facts of recognition as to the claim for partition of co-owned property as to the whole purport of pleadings, since the plaintiff and the defendant as co-owners of the land of this case did not reach an agreement on the method of partition. Thus, the plaintiff and the defendant may claim a partition of the land
The method of partition can be selected at will if the co-owners reach an agreement, but if the co-owners divide the co-owned property through a trial because they did not reach an agreement, the court shall divide it in kind in principle. If it is impossible to divide it in kind or if it is possible to divide it in kind, the value of the property may be reduced remarkably, the auction of the property can be ordered to divide it into money.
In addition, the lawsuit for partition of co-owned property is a litigation for formation, and it means to resolve the co-ownership relation as to the objects of co-ownership by exchanging or selling shares among co-owners. As such, the court shall not seek a partition of co-owned property, but at a free discretion, depending on the situation of the co-owner's co-ownership relation or the objects of co-owned property.