공유물분할
1. The amount remaining after deducting the auction expenses from the proceeds by selling the Gangseo-gu Busan Metropolitan City K 2,975 square meters at an auction.
1. Facts of recognition;
A. Of the lands listed in paragraph (1) of this Article (hereinafter “instant land”), 2980/29750 shares in the name of the Plaintiff; 2970/29750 shares in the name of Defendant B; 5970/29750 shares in the name of Defendant B; 2970/29750 shares in the name of the Intervenor J (hereinafter “Successor”); 7430/29750 shares in the name of Defendant C; 7430/29750 shares in the name of Defendant D; 1490/29750 shares in the name of Defendant E; 1485/29750 shares in the name of Defendant F; 2970/29750 shares in the name of Defendant G; and 29750/29750 shares in the name of Defendant H.
B. The Plaintiff, the Defendants, and the succeeding intervenors did not reach an agreement on the division of the instant land until the closing of argument in the instant case.
[Ground of recognition] Defendant B, C, D, E, and Intervenors: Unstrifed facts, Gap evidence 1 through 4, Eul evidence 1, and the purport of the whole pleadings, Defendant F, G, and H: constructive confession (Article 208(3)2 of the Civil Procedure Act)
2. Determination
A. According to the above facts acknowledged, the co-owned land of this case did not reach an agreement on the method of partition of the land of this case between the plaintiff, the defendants, and the succeeding intervenor who jointly owned the land of this case. Thus, the plaintiff has the right to partition co-owned land of this case against the defendants and the succeeding intervenor based
B. As a general rule, partition of co-owned property by trial method 1 is in principle divided in kind to the extent that 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 in kind or it is possible to divide in kind in kind if the value might be significantly reduced, an auction may be ordered. Here, “the case that can not be divided in kind” is not physically strict interpretation, but can be divided in kind in light of the nature, location or size of the co-owned property, the situation of its use, the use value after the division, etc.