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1. The appeal by the defendant G, N, andO is dismissed, respectively.
2. The above costs of appeal are borne by the Defendants.
purport, purport, and.
Reasons
1. The reasoning of this court’s judgment citing the judgment of the court of first instance is identical to the ground of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of
However, the following judgments are added to the defendants' assertions appealed.
2. Additional determination
A. The summary of the Defendants’ assertion 1) The Plaintiff and the Defendants established a sectional co-ownership relationship as to the instant land and building, and thus, they cannot claim a partition of co-owned property. 2) The Defendants, who do not want a partition of co-owned property, did not want the partition of co-owned property, in kind by allowing the co-owners to divide the co-owned property, but the order of payment in kind is inconsistent with the principle of spot-sale, even if it is possible for Defendant G to purchase the Plaintiff
B. Determination 1) As to the first argument, in a case where at least two persons agree to divide ownership among one building, the location and size of which are specified and independent in structure and use, and the registration is made in proportion to the size of each sectional ownership for convenience, mutual title trust relation between sectional owners is established, or sectionally owned co-ownership relation to a building. However, in a case where the location and size of each part of one building is not specified, or the independence in structure and use is not recognized, a general co-ownership relation is established even if there is an agreement among co-owners to the effect that the co-owners should divide ownership, and a mutual title trust relation between co-ownership registration and co-ownership registration or sectionally owned co-ownership relation to a building is not established (see Supreme Court Decision 2011Da42430, Feb. 27, 2014). Meanwhile, sectionally owned co-ownership relation with land is established only where several persons have agreed to divide ownership with respect to a certain land.