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1. The attached appraisal sheet No. 1 to 9, and 1 regarding “the area of 9,917 square meters” in the Seoul Special Self-Governing Province G forest G-gun, Jeollabuk-do.
Reasons
1. Determination on the main claim
A. According to the purport of Gap's statement and pleading as to the claim for partition of co-owned property, it is recognized that the plaintiffs held 1/57 shares, Defendant D's 2/19 shares, Defendant E's 1/19 shares, Defendant F's 12/19 shares, 3/19 shares, and Defendant H's 3/19 shares, respectively. The plaintiffs, Defendants, and Appoint (hereinafter the defendants and Appointer Eul "the defendant") did not reach an agreement on the method of partition of the land in this case.
According to the above facts of recognition, the Plaintiffs may claim a judicial partition of the instant land pursuant to Article 269(1) of the Civil Act.
B. As a lawsuit for partition, one method of partition is a litigation for formation, and the co-ownership relation as to the objects of co-ownership is to resolve the co-ownership relation with the objects of co-ownership by exchanging or selling shares among co-owners. Thus, the court shall make a reasonable partition according to the co-owners' share ratio according to the relation of co-ownership or the situation of the objects of co-ownership with free discretion, rather than by the method requested by the person who made the partition
Therefore, in the case of dividing goods jointly owned by several persons, the area of land acquired by each co-owner should be equal to the ratio of the co-owner's share. However, the form or location of the jointly-owned property to be divided, and if the form or location of the jointly-owned property to be used or the economic value to be equal, considering such various circumstances, if the form or location of the jointly-owned property to be divided is not equal, it is allowed to divide the economic value in proportion to the ratio of shares. If certain requirements are met, it is also possible to divide the property by adjusting the economic value of money between the