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1. The plaintiff 7.7.7.7.7.7.7.7.
Reasons
1. Judgment on the ground of the Plaintiff’s claim
A. In full view of the purport of the entire pleadings as to the statements in Gap evidence Nos. 1 through 4, the plaintiff shares 7/73 square meters in B-dong, Busan Metropolitan City (hereinafter "the land in this case"), 58/73 shares in defendant A, and 8/73 shares in the above land owner. The fact that the owner of the above land did not reach an agreement on the method of division by the date of the closing of argument in this case can be acknowledged, and there is no counter-proof, the plaintiff, who is the co-owner of the land in this case, has the right to claim the above land division against the defendants.
B. However, in the case of Defendant Republic of Korea, the Plaintiff wants to divide the price by auction, and Defendant A did not state its position on the purchase price for the division by the method of selling the Plaintiff’s shares in the Republic of Korea, and when comprehensively considering all the circumstances revealed in the pleadings, such as the structure, size, location, utilization status, and attitude of the parties concerned, etc. of the instant land recognized by the purport of the entire pleadings, it constitutes a case where the instant land cannot be divided in kind in kind, or its value might be significantly reduced due to the in-kind division, because it is difficult to find a spot division, or other appropriate method of division, corresponding to the share ratio of co-owners of the instant land.
Therefore, it is reasonable to divide the land of this case through a method of payment by auction.
2. Defendant A’s defense contains a defense to the effect that Defendant A’s claim for division constitutes an abuse of rights, since the Plaintiff’s share acquired merely 7/73 and tried to keep unfair profits and sell it to Defendant A, and Defendant A’s damage is serious in the event of auction division.
In this case, the plaintiff intentionally acquired less shares in the land of this case and the land of this case.