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1. Of the area of 281 square meters in the Dong-gu, Gwangju Metropolitan City, each point of the separate sheet No. 7, 9, 12, 13, 14, 15, 16, 17, 5, 6, 7.
Reasons
1. Basic facts
A. The plaintiffs (the plaintiffs are married couple) and the defendant share 281 square meters before Gwangju Dong-gu E (hereinafter "the land in this case"). The plaintiff A owns 136/843 shares, the plaintiff C owns 272/843 shares, and the defendant owns 435/843 shares.
B. There is no separate agreement between the plaintiffs and the defendant on the prohibition of partition of the land of this case, and no agreement on the method of partition has been reached so far.
C. Meanwhile, Plaintiff A owned the same F land adjacent to the instant land, and on the instant land and the two lots of land above F, the housing buildings owned jointly by the Plaintiffs (hereinafter “instant housing”) are constructed.
[Ground of recognition] Facts without dispute, Gap 1, 2, 3, and 4, the whole purport of the pleading
2. According to the above recognition facts, the plaintiffs and the defendant shared the land of this case at the proportion of co-ownership as seen in paragraph (1) of the above recognition facts. Since the plaintiffs and the defendant did not reach an agreement on the method of partition of the land of this case, the plaintiffs can file a co-owned property partition claim against the defendant pursuant to Articles 268 and 269 of the Civil Act.
3. Method of partition;
A. In the case of dividing the jointly-owned properties through the relevant legal principles, in principle, the court shall divide the jointly-owned properties in kind, and the court may order the auction of the goods only when the value of the properties is likely to be significantly reduced if the properties are divided in kind or in kind. Thus, barring the above circumstances, the court shall decide to recognize the sole ownership of each co-owner for the divided properties by dividing the jointly-owned properties into several items in kind according to the ratio of shares of each co-owner and then, if the properties jointly-owned are divided in kind, they do not want to be divided in kind.