Attached Form

1 The plaintiff, the plaintiff, and the remaining amount after the purchase price of the real estate listed in the list was deducted from the auction price.

Facts of recognition

A. The real estate listed in the separate sheet No. 1 (hereinafter “instant land”) was jointly owned by the Plaintiff (1/2 shares), the network H (hereinafter “the network”) and the Defendant C (1/4 shares).

B. On August 13, 2002, the deceased died on August 13, 2002, and the Defendant B, D, E, F, and G, who are the deceased’s children, own 1/20 shares of 1/4 of the deceased, respectively, and the Plaintiff’s share in the land of this case and the Defendants’ co-ownership are as shown in the column of co-ownership in the attached Table

(hereinafter “each of the instant shares”) C.

The Plaintiff and the Defendants did not agree on the division method of the instant real estate until the closing date of the instant argument.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 6, and judgment of the purport of whole pleadings

A. 1) According to the above facts of recognition as to the cause of the claim, the Plaintiff and the Defendants shared the instant land according to their respective shares, and there was no agreement on the method of partition between the Plaintiff and the Defendants. Therefore, the Plaintiff may claim a partition of co-owned property on the instant land against the Defendants based on their shares. 2) The Defendants asserted that the instant land exists under an implied special agreement prohibiting partition between the owners of the instant land owned by the Plaintiff, but the evidence submitted by the Defendants alone is insufficient to acknowledge this.

B. In principle, the partition of co-owned property according to one trial on the method of partition shall be divided in kind as long as the share of each co-owner can be reasonably divided, but the requirement that the division cannot be divided in kind is not physically strict. It includes cases where it is difficult or inappropriate to divide the co-owned property in kind in light of the nature, location, area, situation of use, use, value of use after the partition, etc. of the co-owner's share, not physically strict interpretation.

If it is divided in kind, it is remarkably possible to divide.