공유물분할
1. The remainder of the money obtained by selling 3,000 square meters at auction in Jindo-gun, Jindo-gun after deducting the costs of auction from the proceeds of sale.
1. The Plaintiff and the Defendants shared the co-ownership of 3,00m2 (hereinafter “instant real estate”) in Jindo-gun, Jindo-gun. According to the overall purport of the pleadings, there is no dispute between the parties, and according to the purport of the entire pleadings, the Plaintiff and the Defendants did not reach an agreement on the method of partition of the instant real estate, which is public property by the closing date of pleadings in the instant case.
Therefore, the plaintiff has a right to claim a partition of co-owned property against the defendants based on his co-ownership right.
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) According to the reasoning of the judgment below, the court below erred by misapprehending the legal principles as to the following facts: (a) the real estate in this case was a farmland for which a project for improving agricultural production infrastructure was performed; and (b) the farmland for which a project for improving agricultural production infrastructure was performed is not more than 2,00 square meters pursuant to Article 22(2)3 of the Farmland Act; and (c) the real estate in this case was divided into 3,00 square meters according to the share ratio of the Plaintiff and the Defendants; and (d) the real estate in this case was divided into 2,00 square meters according to the share ratio of the Plaintiff.
In light of the above circumstances, since the real estate of this case constitutes a case where it is difficult or inappropriate to divide it in kind, the real estate of this case is sold to auction and auction expenses from the price.