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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On October 20, 1995, Defendant and D completed the registration of ownership transfer based on inheritance as of each of the instant land’s 1/2 shares on July 29, 1995, and the Plaintiff completed the registration of ownership transfer based on public sale as of July 18, 2017, with respect to the above 1/2 shares of D on July 18, 2017.
Until the closing date of the instant argument, the Plaintiff and the Defendant did not reach an agreement on the method of dividing the instant land. There was no dispute between the Plaintiff and the Defendant, and the purport of the entire pleadings.
2. Determination
A. According to the above facts of recognition, the plaintiff, co-owner of the land of this case, can file a claim for partition of the land of this case against the defendant, who is another co-owner pursuant to Article 269(1) of the Civil Act. 2) As to this, the defendant, after acquiring the share in the land of this case through public sale, filed a lawsuit to sell it at low prices, and pressure the defendant. Thus, the plaintiff's claim of this case constitutes abuse of rights. However, the co-owner may claim partition of the co-owned property at any time.
Therefore, (Article 268 (1) of the Civil Act). The circumstance alleged by the defendant alone is difficult to recognize that the plaintiff's claim for partition of co-owned property of this case constitutes abuse of right, and there is no other evidence to recognize it, and the above argument by the defendant is without
The partition of co-owned property, based on one trial on the method of partition, shall be, in principle, by the method of in-kind division as long as it is possible to make a rational partition according to the share of each co-owner. However, if it is impossible to divide in-kind or even if it is possible in form, if the price might be reduced remarkably due to such cause, it shall be done by the method of so-called payment division ordering the auction
b) the requirement that it is not possible to divide in kind in payment.