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1. As to the shares of 3640/41138 among the buildings listed in the separate sheet from the Plaintiff.
Reasons
1. Basic facts
A. As to the buildings listed in the separate sheet (hereinafter “instant building”), the Plaintiff shares at the ratio of 3640/41138, Defendant (Appointed Party) and SelectionC, D, E, respectively, 2942/4138, SelectionF, G 3853/4138, and SelectionH shares at the ratio of 18024/4138.
B. The Plaintiff, the Defendant (Appointed Party) and the designated parties did not reach an agreement on the division method of each real estate of this case.
[Reasons for Recognition] Facts without any dispute, Gap's 1, 2, 3, Eul's 1 through 5, the purport of the whole pleadings and arguments
2. Determination as to the cause of action
A. Since the co-owners of the instant building at issue did not reach an agreement on the method of partition of the co-owned property, one of the co-owners may claim the partition of each of the instant real property against the Defendant (Appointed Party) and the designated parties, who are the remaining co-owners, pursuant to Article 269(1) of the Civil Act.
B. The lawsuit for partition of the common property is a form of lawsuit for partition of the common property, which is the method of partition, and refers to the resolution of co-ownership relation as to the objects of co-ownership through the exchange of shares between co-owners or the sale and purchase of the objects of co-ownership. As such, the court shall make a reasonable partition according to the share ratio of co-owners depending on the relation of co-ownership or the overall circumstances of the objects of the co-ownership, not by the method requested by the claimant for partition,
It is recognized that it is reasonable to acquire the jointly owned property concerned to a specific person, comprehensively taking into account the causes of the sharing relationship, the ratio of shares to sharing, the economic value of the divided property, the desire of the co-owners for the divided method, and if special circumstances exist that acquiring the price of shares to other co-owners is not detrimental to the substantial fairness of co-owners, the jointly owned property shall be co-owners.