공유물분할
1. The real estate indicated in the annexed real estate shall be put to an auction and the proceeds thereof shall be deducted from the auction cost;
1. In full view of the purport of the entire pleadings in the statement as to the claim for partition of co-owned land No. 1, the land indicated in the order (hereinafter “instant land”) is acknowledged that the Plaintiff and the Defendant shared co-ownership shares as indicated in the separate sheet, and that there was no agreement as to the method of partition of the instant land, which is public property between the Plaintiff and the Defendant, by the closing date of argument in the instant case, the Plaintiff, a co-owner of the instant land, may file a claim for partition of land against
2. Method of partition of co-owned property;
A. Generally, the division of an article jointly owned by a trial is in principle made in kind as long as it is possible to make a reasonable division according to the share of each co-owner. However, if it is impossible to divide the article in kind in kind or it is anticipated that the value of the article might decrease substantially if the division in kind might decrease substantially, an auction may be held. Here, the phrase "in the case of a unable to be divided in kind" includes cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, use status, use value after the division, etc. of the article in question, not physically strict interpretation. It includes cases where it is difficult or inappropriate to divide the article in kind, and it includes cases where the value of the article to be owned independently by the co-owner might decrease substantially compared with the share value before the division.
(See Supreme Court Decision 91Da27228 delivered on November 12, 1991, and Supreme Court Decision 2002Da4580 delivered on April 12, 2002, etc.) B.
Based on the above legal principles, in full view of the health account statement and evidence No. 1 as to the method of dividing the land of this case, several proposals for the defendant's share were established, and the area of the land of this case.