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1. With respect to 2,364 square meters in Kuju-si, each point in the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 1.
Reasons
1. Basic facts
A. The Plaintiff and the Defendants own 1/3 shares each of the instant real estate 2,364 square meters (hereinafter “instant real estate”).
B. As of the closing date of the instant pleadings, there was no agreement between the Plaintiff and the Defendants on the method of dividing the instant real estate.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. Determination
A. According to the above facts acknowledged as above, the Plaintiff may file a lawsuit against the Defendants, other co-owners, in accordance with Article 269(1) of the Civil Act.
B. Division of one method of partition of co-owned property can be chosen at will if the co-owners reach an agreement, but if the co-owned property is divided by trial due to the failure to reach an agreement, the court shall divide it in kind in principle.
However, if it is impossible to divide the article in kind or it is possible to divide the article in kind into money, the auction can be ordered only when the value of the article is likely to be significantly reduced. Thus, barring the above circumstances, the court shall divide the article jointly owned into several articles in kind according to the share ratio of each co-owner and decide to recognize the sole ownership of each co-owner for the divided article in kind.
The method of partition shall be made by the reasonable division according to the share ratio of co-owners at the discretion of the court, not by the method requested by the parties, but by the court, according to the overall situation of the goods which are the objects of the division. In the case of land partitioning, in principle, the area of the land acquired by each co-owner shall be equal to that of the co-owner's co-ownership. However, if the form or location of the land, its use status, or economic value is not equal, it shall not be necessarily divided in such manner