공유물분할
1. The plaintiff shall sell each land listed in the separate sheet to auction and deduct the auction cost from the price.
1. In full view of the entries in Gap evidence Nos. 1, 2, Eul evidence Nos. 1 through 5, and the purport of the whole pleadings, the plaintiff and the defendants shared each land listed in the separate sheet (hereinafter "land of this case") at the share ratio in the separate sheet, and the facts that the above parties did not reach an agreement on partition of co-owned property as to the land of this case between them are acknowledged.
Therefore, pursuant to Article 269(1) of the Civil Act, the Plaintiff, a co-owner of the instant land, can file a claim for partition of co-owned property against the Defendants.
2. Method of partition of co-owned property;
A. The partition of co-owned property by judgment is in principle divided in kind as long as a reasonable partition can be made according to the share of each co-owner. The auction of the goods can be ordered only when the value of the goods is likely to be significantly reduced if it is impossible to divide in kind or in kind. In the payment division, the requirement that "it cannot be divided in kind" is not physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide in kind in consideration of the nature, location, area, use status, and use value after the division, etc. of the co-owner's share.
in the case of a co-owner's act of dividing in kind, "if the value of the property is likely to decrease substantially, the value of the property may decrease substantially," also includes the case where the value of the property to be owned by the sole owner might decrease significantly more than the value of the property before the division.
B. (See Supreme Court Decision 2002Da4580 delivered on April 12, 2002).
In light of the above legal principles, there is no access road to the land indicated in paragraph (1) of the attached Table as a mountainous district, that is, there is no access road that can be recognized as a health zone and the registration of establishment of a mortgage near Defendant B and C out of the land of this case was completed.