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1. Of the instant lawsuit, the part of the claim for partition of co-owned property as to D 331 square meters in Ansan-si.
2. Ansan-si E.
Reasons
1. The lawsuit seeking partition of co-owned property on the part of claim for partition of co-owned property on the land of 331 square meters in Ansan-si is a unique co-litigation, and there is no standing to be a party other than co-owners. According to the evidence No. 2, the Defendants are recognized as not co-owners of 331 square meters in the Dmiscellaneous land in Ansan-si. Thus, this part of the lawsuit is unlawful since it constitutes a lawsuit filed against a non-qualified person.
Therefore, this part of the lawsuit is dismissed.
2. Determination as to the claim for partition of co-owned property as to E miscellaneous land 2,248 square meters in Ansan-si
A. 1) Insung-si, E Doz. 2,248 square meters (hereinafter “instant land”) are located in the instant land.
The Plaintiff owned 1586/2248 shares, 331/2248 shares, 331/2248 shares, and 331/2248 shares. 2) The F died on June 30, 2015, and F’s successors (Defendant C and F’s spouse) agreed that Defendant B succeeds to F’s shares in the instant land.
3) Although the Plaintiff and the Defendants agreed on the instant land division, they did not reach an agreement. [The fact that there was no dispute over the grounds for recognition, entry of Gap evidence No. 1, and the purport of the entire pleadings.
B. 1) According to the above facts acknowledged as above, the land of this case is jointly owned by the Plaintiff, Defendant B, and Defendant C, 1586/2248 shares, 331/2248 shares, and 331/2248 shares. Since the consultation on the method of partition among the co-owners was not concluded by the date of closing argument, the Plaintiff may file a claim for partition of the land of this case against the remaining Defendants based on his co-ownership. 2) If the co-ownership method of partition of co-owned property is an agreement between co-owners, the method of partition may be selected at will, but if the co-owners fail to reach agreement, it is a principle that the court divides the co-owned property in kind.
However, it may be divided in kind.