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1. The defendant shall receive KRW 175,636 from the plaintiff at the same time, and at the same time the plaintiff shall be paid KRW 966/129 on June 1293.
Reasons
1. Facts of recognition;
A. On November 16, 2015, the Plaintiff is the co-owner of each of the instant land, each of which completed the registration of ownership transfer with respect to the share of 11970/12936, among the share of 30 m39 m3,00,00 C,00,000 (hereinafter “1 land”) and 241 m36 m36,000,000 (hereinafter “2 land”). The Defendant is the co-owner of each of the instant land, each of which owns shares of 966/12936.
B. Although the Plaintiff intended to consult on the division of each of the instant lands with the Defendant, the Plaintiff did not reach an agreement between the Plaintiff and the Defendant on the division method of each of the instant lands until the date of closing the argument in this case.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination as to the cause of claim
A. According to the facts acknowledged as above, the Plaintiff and the Defendant sharing each of the land of this case did not reach an agreement on the method of partition. Thus, the Plaintiff may file a claim against the Defendant, who is another co-owner, for partition of each of the land of this case with the court pursuant to Articles 268 and 269 of the Civil Act.
B. As a lawsuit for partition, one lawsuit for partition of co-owned property is formed, and the co-owned property is subject to the sole ownership through the exchange of shares between co-owners or the sale or purchase of shares. Thus, the court does not seek a method by which the claimant for partition of co-owned property seeks a reasonable partition according to the co-owner's share ratio according to the situation of co-owner's relation or the property which is the object. If the co-owned property is divided, it is recognized that it is reasonable to acquire the co-owned property to a specific person, by comprehensively taking into account the cause of the co-owned relation, the proportion of co-owned share, the economic value of the co-owned property in the case of division, and the desire