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1. Indication 1,2,3,4,5,6,7,7,8,9,9,10,12,13, 14,15,16,17,17, 17, 18, 18, 19, among the land of 12,48 square meters in Nam-si, Namwon-si;
Reasons
1. Facts of recognition;
A. On November 14, 2018, the Plaintiff purchased 4/84 shares of 12,448 square meters from N, Nam-si, Namwon-si, and completed the registration of ownership transfer on November 15, 2018, among the shares of 4/42 shares among the shares of 4/42 of the L, and M, M, forest 8,961 square meters (hereinafter “the instant M”), and completed the registration of ownership transfer on the said shares.
B. As to the instant L land, Defendant B currently owns 12/42 shares, Defendant C, D, E, F, G, and J own 4/42 shares, Defendant H, and I own 1/42 shares, respectively.
At present, Defendant K shares 1/2 with respect to the land of this case; Defendant C, D, E, F, G, and J own 4/84 shares; Defendant H and I own 1/84 shares, respectively.
C. There is no agreement between the Plaintiff and the Defendants prohibiting the division of the instant land, and no agreement on the method of division of the instant land has been reached as of the date of closing of argument in the instant case.
[Reasons for Recognition] Items A 1, 2, and 6
2. Determination
A. According to the above acknowledged facts, the Plaintiff, a co-owner of the instant land, and the Defendants, did not reach an agreement on the method of partition of the instant land. Therefore, the Plaintiff may claim a partition of co-owned property on the instant land to the court pursuant to Article 269(1) of the Civil Act.
B. In principle, the method of partition of co-owned property is divided in kind.
Of the instant L land, the Plaintiff wishes to independently own the portion 1,185 square meters of “1,185 square meters,” and the portion 427 square meters of “bb” portion among the instant M land, which are linked in sequence to each point of 6, 7, 8, 23, 24, 25, 26, 26, 25, and 25, 26, 27, 28, 29, and 25, in turn, among the instant L land, and the Defendants did not express their opposing intent.
In addition, comprehensively taking account of all the circumstances, such as the location, shape, and size of the instant L and M land, and the share ratio of the Plaintiff and the Defendants, it is necessary to divide each of the said land in kind as described in paragraph (1) of this Article.