공유물분할
1. The real estate listed in the separate sheet No. 1 shall be put to an auction and the proceeds of the auction shall be deducted from the proceeds of the auction;
1. Basic facts
A. The Plaintiff (designated parties; hereinafter referred to as “Plaintiffs”) and the designated parties (hereinafter referred to as “Plaintiffs, etc.”) together with the Plaintiff and the designated parties (hereinafter referred to as “Plaintiffs, etc.”) share each real estate listed in the separate sheet No. 1 (hereinafter referred to as “each real estate of this case”) according to their co-ownership shares listed in the separate sheet No. 2 attached hereto.
B. There was no partition agreement between the Plaintiff and the Defendants on each of the instant real estate.
[Ground of recognition] Defendant P, I, S, Y, H, X, D, B,S, T, AL, B, B, B, H, and Defendant Network E’s attorney-at-law, M, M, R, AE, AF, AH, AH, BC, BK, and B: No dispute, and the remainder of the purport of Gap’s evidence Nos. 1 and 2 as a whole, and the purport of the pleading as to the remainder of the defendants: deemed confession under Article 150 of the Civil Procedure Act.
2. Co-owners of the immovables which have created the right to partition of co-owned property may claim partition of the co-owned property, and if the agreement on the method of partition has not been reached, the court may request partition; and
(Article 268(1) main text and Article 269 of the Civil Act). The plaintiff, etc. and the defendants, who are co-owners of each of the real estate of this case, did not reach an agreement on the division of the real estate of this case. Thus, the plaintiff, etc. may file a claim with the court for the division against the defendants, who are other co-owners, unless there are special circumstances.
3. Method of partition of co-owned property;
A. The method of partition of co-owned property in accordance with the relevant legal principles is, in principle, to divide it in kind with the one in which a reasonable partition can be made according to the co-owner's share, or if it is impossible to divide it in kind in kind or if it is likely that the value might be reduced remarkably if it is difficult to divide it in kind, an auction may be ordered to divide
The requirement that "it shall not be divided in kind" is not physically strict, but is used in the nature, location, area, and use of the common property.