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1. Of the area of 5,854§³ in the field of Gyeonggi-do;
(a) an indication of the Map 1, No. 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 18;
Reasons
1. The Plaintiff, the Defendant (Appointed Party), and the designated parties (hereinafter “Defendant, etc.”) share 5,854 square meters (hereinafter “instant land”) prior to Gyeonggicheon-gun, Gyeonggi-gun, with each of the shares indicated below.
Plaintiff
As of the date of closing argument in the instant case, the Defendant (Appointed Party) agreed on the division method of the instant land between the Plaintiff and the Defendant, etc. as of the date of closing argument in the instant case, as of the date of the Plaintiff’s and the Defendant, etc.
[Reasons for Recognition] Uncontentious Facts, Entry of Gap evidence 1, purport of whole pleadings
2. Determination
A. According to the facts established prior to the creation of the right to partition of co-owned property, the Plaintiff may claim a partition against the Defendant, etc. at any time pursuant to Article 269(1) of the Civil Act, and thus, the Plaintiff shall be deemed to have caused the right to
B. Division of the method of partition of co-owned property is in principle divided in kind by the court in the case where the co-owners voluntarily choose the method, but if the co-owned property is divided by the judgment because the agreement is not reached.
(See Supreme Court Decision 2004Da10183 Decided July 22, 2004, etc.). As to the specific method of subdivision of the instant land, the Plaintiff asserts that, in the same manner as indicated in paragraph (1) of the Disposition, the Defendant (Appointed Party) owned by the Plaintiff the part (a) indicated in the Attached Form 2, 2,049 square meters, and the part (b) indicated in the said Map, 3,805 square meters should be divided into co-ownership by the Defendant, etc
The method of partition claimed by the Defendant (Appointed Party) can be a more method in terms of the convenience of farming of the Defendant (Appointed Party) as the part of the land in this case, which is the neighboring land owned by the Defendant (Appointed Party), is 4,982 square meters prior to H, Gyeonggi-gun, Gyeonggi-do, and the part of the land in this case, which is the neighboring land owned by the Defendant (Appointed Party). However, in this case, the part of the annexed Form 2(a) to be owned by the Plaintiff is narrow and long.