공유물분할
1. The remaining amount after deducting the auction cost from the price shall be attached to the auction for the Dong-gu, Nam-gu, Seoul Special Metropolitan City.
1. The occurrence of the claim for common property;
A. 1) The Dong-gu, Dong-gu, Dong-gu (hereinafter “the instant land”) shall be 50 square meters (hereinafter “the instant land”).
(3) The Plaintiff and the Defendant shared share of the same share as indicated in the separate sheet of co-ownership. (3) The Plaintiff and the Defendant did not reach an agreement on partition of the instant land, and there is no agreement on the prohibition of partition of the instant land.
【Fact-finding without dispute over the ground for recognition, entry of Gap evidence 1, and purport of the whole pleadings
B. According to the above facts of recognition, the Plaintiff, a co-owner of the land of this case, may claim a partition of the land of this case to the Defendant, who is another co-owner, pursuant to the main sentence of Article 268(1) and Article 269(1)
2. Method of partition of co-owned property;
(a) In the case of dividing the article jointly owned by a trial, in principle, by dividing it in kind, or by dividing it in kind or by dividing it in kind, if the value thereof is apprehended to be significantly reduced, the auction of the article jointly owned may be ordered, and the price may be paid in installments;
Here, the requirement of "undivided in kind" includes cases where it is physically impossible to divide the article in kind, as well as cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, current use, value of use after the division.
In addition, the phrase “where the value of the division is likely to be significantly reduced if it is divided in kind” includes cases where, even if a co-owner is a person, the value of the portion to be owned by himself/herself is likely to be significantly reduced compared to the value of the share before the division (see, e.g., Supreme Court Decision 2013Da56297, Dec. 10, 2015).
In light of the location, area, utilization status, and use value of the land of this case as follows, which can be seen by comprehensively integrating all the evidence and materials submitted in the statement Nos. 3 and 4 of this case, the land of this case is divided in kind.