공유물분할
1. The remainder of the sale cost shall be calculated by selling the D 293m2 in Gyeyang-gu, Yangyang-gu, Gyeonggi-do and deducting the auction cost from the price.
1. In the event of a co-owned property partition claim, the Plaintiff is entitled to file a claim against the Defendants for the division of the instant real property with the co-owners who own shares of 43,385,473/169,96,962/608/160 of 169,962,608/160 of 169,962,608/1608, and the Defendants are co-owners who own shares of 169,962,608/608/160 of the said real property, and there was no dispute between the Plaintiff and the Defendants by the closing date of the pleadings of this case. Thus, the Plaintiff may file a claim against the Defendants by their co-ownership
2. The method of partition of co-owned property shall, in principle, be divided in kind, but the court may order an auction of things, if it is impossible to divide in kind or if the value thereof might be reduced remarkably in kind;
(See Article 269(2) of the Civil Act. Here, the requirement that “it shall not be divided in kind” does not physically strict interpretation, but includes cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, circumstances of use, value of use after the division, etc. of the article jointly owned in question.
(2) In the case of a co-owner's in-kind, "if the value of the property is likely to decrease substantially if the property is divided in kind" also includes where the value of the property to be owned by the sole owner is likely to decrease significantly more than the value of the property before the division.
(See Supreme Court Decision 2009Da40219, 40226 Decided September 10, 2009, etc.). In full view of the overall purport of the statements and arguments set forth in subparagraphs 1 through 4, 209, 1 and 3, the following circumstances, namely, the Plaintiff and the Defendants asserting that even if all of the auction procedures are conducted, they do not have any intent to sell shares owned by the other party, a single-story house is constructed on the ground of the instant real estate. The Plaintiff and the Defendants are to remove the said multi-story house and this is to be removed.