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1.(a)
전남 신안군 E 임야 7,031㎡를 별지 도면(1) 표시 ㄱ, ㅈ¹, ㅁ, ㅂ, ㅅ, ㄱ의 각 점을 순차로...
Reasons
1. Facts of recognition;
A. The deceased L was killed on February 12, 2014, and the inheritor was M (the heir’s share 3/13), the Plaintiffs, the Defendants, and N.
(2/13 each of the shares in inheritance). (b)
The deceased L owned each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).
After the deceased's death on March 6, 2017 due to inheritance on March 6, 2017, M is 3/13 shares, the plaintiffs, the defendants, and N are 2/13 shares, respectively. On the same day, M and N have donated their respective shares to A and completed the registration of ownership transfer.
C. Accordingly, each of the instant real estate is owned by Plaintiff A, Plaintiff B, and Defendants at the ratio of 7/13 shares, respectively.
Until the closing date of the instant case, the agreement between the Plaintiffs and the Defendants on the method of dividing each of the instant real estate was not reached.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, and 5 (including branch numbers, hereinafter the same shall apply), the purport of the whole pleadings
2. Determination
A. According to the facts acknowledged above, the plaintiffs, co-owners of each real estate of this case, can file a partition of co-owned property against the defendants, other co-owners, pursuant to Article 269(1) of the Civil Act.
B. Division of the method of partition of co-owned property is in principle divided in kind in a case where the co-owners voluntarily choose the method, but if the co-owned property is divided by judgment due to the failure to reach agreement, the court is in principle divided in kind.
(see, e.g., Supreme Court Decision 93Da27819, Dec. 7, 1993). The following circumstances are acknowledged by the purport of the statement or the entire pleading and video of evidence Nos. 1, 3, 7, 8, and 9 as to the instant case, namely, (i) the Plaintiffs seek spot division of the same content as that of the Disposition No. 1; and (ii) the respective real estate of this case.