공유물분할
1. The remainder of the money obtained by selling the real estate listed in the separate sheet to an auction and deducting the auction cost from the proceeds;
1. As to the apartment complex consisting of the underground room and the third floor above the ground and the real estate indicated in the separate sheet, which is its site (hereinafter “instant real estate”), the facts that the Plaintiff owned shares of 1/8, the Defendant’s 7/8, and the Plaintiff and the Defendant did not reach an agreement on the method of dividing the instant real estate between the parties, or that there is no dispute between the parties, or that the agreement on the method of dividing the instant real estate was not reached between the Plaintiff and the Defendant, by adding the whole purport of the pleadings as stated in the evidence No.
2. Determination as to the cause of action
A. According to the facts acknowledged as above, the Plaintiff, co-owner, may claim the division of the instant real estate to the Defendant, who is another co-owner.
B. In principle, the method of partition in kind can be divided in kind according to the co-owner's share. However, if it is impossible to divide in kind in kind or if it is likely that the value might be significantly reduced if the division in kind is made in kind, the auction may be ordered to divide in kind. In the payment division, the requirement that "it is not possible to divide in kind" is not physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide in kind in light of the nature, location or size of the co-owned property, use situation, use value after the division, etc.
(2) As to the real estate of this case, the real estate of this case is a building site and its ground building, and it is practically impossible to divide the real estate of this case according to its equity ratio, as seen earlier, in light of the health room and its ground building, etc., it is not possible to divide the real estate of this case in kind and to divide the proceeds therefrom into an auction, and it is a substantial way to divide the proceeds therefrom into an auction.
3. Accordingly, the Plaintiff’s claim is accepted as reasonable.