공유물분할
1. The remaining amount of each real estate listed in the separate sheet after deducting the expenses for auction from the proceeds of auction;
1. Facts of recognition;
A. Each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) is owned by the Plaintiff A, the Plaintiff B-5, the Plaintiff B-4/65, the Defendant C-5, the Defendant C-5/13, the Defendant D-2/13, the Defendant E-2/13, and the Defendant F-B/13 in their respective shares of shares.
B. As to the method of partition of co-owned property of this case, the co-owners did not reach agreement.
[Reasons for Recognition] Gap evidence 1-1 and 2-2, the purport of the whole pleadings
2. According to each of the facts acknowledged above, the co-owners did not reach an agreement on the method of partition among co-owners as to each of the instant real estate. Therefore, the Plaintiffs, based on their co-ownership right, has the right to claim co-owned property partition against the Defendants as to each
3. Method of partition of the article jointly owned;
A. In the case of dividing the jointly-owned property in kind in accordance with the relevant legal principles, if it is impossible to divide it in kind or if it is apprehended that its value will be significantly reduced, the auction of the article may be ordered to make a payment in kind. Here, the requirement of "shall not be divided in kind" is not physically strict interpretation but physically strict. It includes cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, utilization status, and use value after the division, etc. of the article jointly-owned in kind.
The phrase "if the value of the portion is likely to be reduced significantly if it is divided in kind" includes the case where, even if a co-owner is a person, the value of the portion to be owned by him/her is likely to be reduced significantly than the value of the share before the division.
(Supreme Court Decision 2009Da40219, 40226 Decided September 10, 2009). B.
In other words, the co-owners of each of the real estate in this case are many co-owners of each of the following circumstances, which can be known by the evidence and the entire purport of the pleading.