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1. Attached Form 2 Appraisal No. 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 among the real estate listed in paragraph 1 of the Attached Form 1.
Reasons
1. In full view of the purport of evidence Nos. 1 through 12-9 as to the claim for partition of co-owned property, the following facts are co-owned by the plaintiff (appointed party), the designated party (hereinafter referred to as "the plaintiff, etc."), the defendant (including the appointed party), and the defendants (hereinafter referred to as "the defendant, etc.") as to each of the real estate listed in the separate sheet No. 1 (hereinafter referred to as "each of the land of this case"), and the plaintiff, etc. were co-owned by each of the parties except the defendant B until the closing date of arguments, but the consultation on the partition of co-owned property of this case was conducted by public notice against the defendant B.
According to the above facts of recognition, the plaintiff et al. may seek a partition of co-owned property on each land of this case against the defendant et al.
2. Method of partition of co-owned property;
A. The principle of non-division of co-ownership can be selected at will when co-owners reach an agreement, but if 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 in kind, the price can be paid by ordering the auction of the goods only when the value of the property might be significantly decreased.
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 make a reasonable partition according to the share ratio of co-owners according to the co-ownership relation or all the circumstances of the objects of co-ownership with free discretion, not by the method of seeking co-owned property partition.