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1. Among the real estate listed in the separate sheet;
A. 1 The Plaintiffs simultaneously pay KRW 9,428,650 to Defendant C.
Reasons
1. Facts of recognition;
A. The Plaintiffs and the Defendants shared each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) as listed in the following table (hereinafter “each of the instant real estate”), and individual real estate is jointly owned by the sequences 1, 2, 3, and 4.
A B CD E F G H
B. Until the closing date of the instant argument, there was no agreement between the Plaintiffs and the Defendants on the method of dividing each of the instant real estate.
[Ground of recognition] Unsatisfy, entry of Gap evidence Nos. 4 through 6 (including virtual number), the purport of the whole pleadings
2. Determination
A. As acknowledged prior to the occurrence of the right to partition of co-owned property, the Plaintiffs may file a co-owned property partition claim against the Defendants, insofar as the consultation on the method of partition between the Plaintiffs and the Defendants did not reach an agreement on the method of partition
B. As a lawsuit for partition of co-owned property, the method of partition of co-owned property is a litigation for formation, and the co-owned property subject to co-ownership through the exchange or sale of shares between co-owners, and the co-owned relation as to the objects is resolved. Thus, the court shall make a reasonable partition according to the co-owner’s share ratio according to the co-owned relation or the whole circumstances of the objects, without being able to seek a partition of co-owned property,
It is recognized that it is reasonable to acquire the jointly owned property concerned to a specific person, comprehensively taking into account the cause of the co-ownership, the ratio of co-ownership to co-ownership, the economic value of the co-ownership in the case of division, the desire of co-owners for the method of division, etc., and the acquisition of the price of shares to other co-owners is deemed not detrimental to the substantial fairness of co-owners, and the jointly owned property shall be owned by one of co-owners or by two or more co-owners,