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1. It shall be owned solely by the Plaintiff by dividing the Daejeon-gu G G-gu 320.7 square meters into two parts;
2. The plaintiff is attached to the defendants.
Reasons
1. Basic facts
A. The Plaintiff is a co-owner who owns each share indicated in the column of “shares” in the attached list among the land in this case, and the Defendants own each share in the attached list of the land in this case.
C. Until the closing date of the instant argument, the Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant land.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2, the purport of the whole pleadings
2. Determination
A. According to the above recognition facts, the Plaintiff, a co-owner of the instant land, may file a claim for partition of the instant land against the Defendants, another co-owner, pursuant to Article 269(1) of the Civil Act.
B. Legal principles relating to the partition of co-owned property 1) In the event of dividing the co-owned property through a trial because co-owners fail to reach an agreement, in principle, it is possible to divide the co-owned property in kind. If the co-owned property is unable to be divided in kind or the value thereof is likely to be significantly reduced due to the division in kind, the court may sell the co-owned property by auction and make a payment in installments (Article 269 of the Civil Act). It is reasonable to acquire the co-owned property to a specific person in consideration of the causes of the co-ownership relationship, the ratio of co-owned shares, the economic value in the case of division, and the wishes of co-owners as to the method of division. In special circumstances where acquiring the price of the co-owned property to another co-owner is deemed not detrimental to the substantial fairness of the co-owner, it is permitted to acquire the co-owner's share as one of the co-owners' sole or several co-owners, but it is allowed to make the co-owners owned in kind compensate for the appropriate and reasonable price of shares to another co-owner (see, supra.).