공유물분할
1. The remainder of the amount calculated by deducting the auction cost out of the proceeds by selling the answer 2,00 square meters in Jeonnam-gun to an auction.
1. Basic facts
A. The Plaintiff (Appointed Party), the Appointor (hereinafter referred to as the “Plaintiff, etc.”) and the Defendant share the land of 2,000 square meters (hereinafter referred to as the “instant land”) in co-ownership according to the co-ownership shares as stated in the text of paragraph (1).
B. The Plaintiff, etc. and the Defendant did not reach an installment agreement on the instant land.
[Grounds for recognition] Evidence Nos. 1 and 2, and the purport of the whole pleading
2. As a matter of principle, the method of partition of co-owned property based on the judgment on the cause of the claim is to be divided in kind as far as it is possible to make a reasonable partition according to the share of each co-owner. However, if it is impossible to divide in kind or in kind or if it is apprehended that the value might be significantly reduced, an auction may be ordered to divide in kind. In the price 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, area, use situation of the co-owned property, and use value after the division.
(2) In light of the aforementioned legal principles, the land of this case can be recognized as a land where a project for improving agricultural production infrastructure has been implemented under the Rearrangement of Agricultural and Fishing Villages Act. According to Article 22(2) of the Farmland Act, the farmland of this case, where the said improvement project has been performed, shall not be divided into more than 200 square meters. If the land of this case is divided into the area according to the share ratio of the Plaintiff, etc. and the Defendant, it is obvious that both the Plaintiff, etc. and the Defendants, if it is divided into the area according to the share ratio of the Plaintiff, etc., and the land of this case, it is not appropriate to divide the land of this case in kind, and it is divided into an auction and divided the proceeds therefrom into shares.