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1. With respect to the 1,121 square meters in Northern-gu, Northern-gu, Pohang-si:
(a)Attachment 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 24, 25;
Reasons
1. Basic facts
A. The Plaintiff and the Defendant shared 1/2 shares each of the two shares of 1,121 square meters in Northern-gu, Northern-gu (hereinafter “instant land”).
B. Of the instant land, the portion of item (a) in the ship that connects each point of the attached Table 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 24, 25, 26, 27, 28, and 1 in turn, among the instant land are adjacent to the area of 1,269 square meters in the north-gu, Seo-gu, Incheon Metropolitan City, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, 12, 13, 14, 15, 17, 19, 20, 21, 222, 23, 24, and 560 square meters in the part (hereinafter “the land”).
C. The Plaintiff, the co-owner of the instant land, and the Defendant did not reach an agreement on the division of co-owned property.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3, the result of the survey and appraisal by appraiser G, the purport of the whole pleadings
2. Determination
A. Article 269(1) of the Civil Act, which created the right to claim partition of co-owned property, provides that “If an agreement on the method of partition has not been reached, co-owners may file a claim for partition with the court.”
According to the above facts, the Plaintiff, a co-owner of the land of this case, may request the Defendant, who is another co-owner, to divide the land of this case pursuant to Article 269(1) of the Civil Act.
B. The method of partition of co-owned property can be selected at will if the co-owners reach an agreement, but if the co-owned property is divided by a trial due to the failure to reach an agreement, the court shall divide it in kind in principle. If it is impossible to divide it in kind or if it is divided in kind, the auction can be ordered only when the value of the property might be reduced remarkably. Thus, barring the above circumstances, the court shall hold the co-owned property jointly in proportion to the share of the co-owners.