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1. Defendant B shall share 3/17 shares of 606.4m2 in Changwon-si, Msan-si, Msan-si, and 14/17 shares of Defendant C.
Reasons
1. Basic facts
A. On March 5, 1999, the share transfer registration was made on the ground of the partition of co-owned property on March 5, 199 by the Defendants and E. The shares of Defendant B were 3/17, the shares of Defendant C were 9/17, and the shares of Defendant C were 5/17.
B. After that, upon the death of E on February 9, 2013, the Plaintiff succeeded to 5/17 shares of E in the instant land through the division of inherited property through the division of inherited property. From that time, the Plaintiff shares 5/17 shares in the instant land, 3/17 shares in Defendant B, and 9/17 shares in the instant land up to that time.
C. Defendant C, around 199, constructed a building on the instant land and operated a restaurant from that time to that time, has exclusively used and benefited from the instant land.
The co-owners of the instant land did not reach an agreement on the method of dividing the instant land.
[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 5 evidence, Eul 2, video, and the purport of the whole pleadings
2. Judgment on the claim for partition of co-owned property
A. The plaintiff is a co-owner of the land in this case, and the co-owner of the land in this case did not reach an agreement as to the partition of co-owned property with the defendants, the plaintiff can claim the partition.
B. The method of partition of co-owned property is a litigation for formation, and the co-owned property is the subject of sole ownership by exchanging or selling shares among co-owners. As such, the court shall make a reasonable partition according to the co-owner’s share ratio according to the co-ownership relation or all the circumstances of the property which is the subject of the co-owned property partition without being able to seek a partition of co-owned property by free discretion.
Therefore, in case of dividing goods jointly owned by many people, the area of land acquired by each co-owner is the co-ownership share.