공유물분할
1. The amount remaining after the amount of the auction cost is deducted from the proceeds of the auction, which is sold to a public auction to Sungwon-si Tak-gu 2818 square meters.
1. Facts of recognition;
A. The Plaintiff and the Defendants shared the shares of 2818m2 in the shares in the shares of co-ownership in the separate sheet in the attached Form of the shares of co-ownership in Changwon-si Tro 2818m2 (hereinafter “instant land”).
B. No agreement was reached between the Plaintiff and the Defendants on the method of dividing the land of this case until the closing date of the instant argument.
[Ground of recognition] Evidence No. 1-1, Evidence No. 3-1, 2-2, and Evidence No. 6-2, and the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, the Plaintiff sharing the instant land and the Defendants did not reach an agreement on the method of partition. Thus, the Plaintiff, a co-owner, may file a claim against the Defendants, other co-owners, for the partition of the instant land.
B. Co-owned property partition by judgment on the method of partition shall, in principle, be divided in kind as far as a reasonable partition can be made according to the shares of each co-owner. If it is impossible to divide in kind or the value is likely to be substantially damaged due to such division, the proceeds thereof shall be divided through auction.
(Article 269(2) of the Civil Act: Provided, That the requirement that "it shall not be divided in kind" in the payment shall not be physically strict interpretation, but shall include cases where it is difficult or inappropriate to divide the property in kind in light of the nature, location, area, use situation, use value, etc. of the article jointly owned, and the use value after the division.
(2) In the case of a co-owner's in-kind, "if the value of the property is likely to be reduced significantly if the property is divided in kind" also includes the case where the value of the property to be owned by the sole owner is likely to be reduced significantly than the value of the property before the division.
(See Supreme Court Decision 2002Da4580 delivered on April 12, 2002, etc.). The co-owners of the instant land reach the total of 20 persons, and some of the Defendants are located.