공유물분할
1. The real estate and movable property listed in the separate sheet shall be put to an auction and the proceeds thereof shall be deducted from the auction cost;
1. In full view of the purport of Gap evidence No. 4 (including paper numbers, hereinafter the same shall apply) and the whole pleadings, the plaintiff and the defendant share the real estate and movable property as stated in the Disposition No. 1 (hereinafter collectively referred to as "joint property of this case") at the ratio of 1/2 shares, respectively. It can be acknowledged that there has been no partition agreement as to the joint property of this case between them up to now. Thus, one of the co-owners can file a claim against the defendant for partition of the joint property of this case pursuant to Articles 268 and 269 of the Civil Act.
2. The method of partition of co-owned property based on a judgment on the method of partition of co-owned property may, in principle, be divided in kind, or in kind, or, if it is impossible to divide in kind or in kind or if the value of the property might be reduced remarkably, an auction may be ordered to divide in kind. In this case, the requirement that "it is not possible to divide in kind" in the price division is not physically strict interpretation, but physically strict interpretation is not to include cases where it is difficult or inappropriate to divide in kind in light of the nature, location, area, utilization situation, use value after the partition, etc. of the co-owned property.
(See Supreme Court Decision 2002Da4580 delivered on April 12, 2002). Therefore, the following circumstances, which can be seen by comprehensively taking into account the following factors, i.e., the property jointly owned by the plaintiff and the defendant as the property owned by the plaintiff and the defendant upon the termination of a partnership agreement between the plaintiff and the defendant. However, due to a long dispute between the parties, an agreement on the purchase or division method of shares has not been reached until now. ② The jointly owned property of this case is an agricultural product processing factory and movable property, the area of which is less than 98 square meters, and is practically unable to divide it in kind or it is substantially impossible to divide it into money or if it is divided into money in kind.