공유물분할
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Basic facts
A. Nonparty G, on December 6, 2004, completed the registration of ownership transfer based on sale on December 4, 2004, with respect to one-half share of F 904 square meters (hereinafter “instant land”).
G died on August 26, 2015, and G’s successors completed the registration of ownership transfer on January 6, 2016 with respect to each of the instant shares out of the instant land due to a consultation and division.
B. On June 29, 2005, the Defendant completed the registration of transfer of ownership on the ground of sale on March 30, 2005 with respect to one-half portion of the instant land.
[Ground of recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings
2. Determination
A. The Plaintiffs, as co-owners of the instant land, can file a claim for partition of co-owned property against other co-owners, barring special circumstances. However, inasmuch as the co-owners did not reach agreement on the method of partition of the instant land, the Plaintiffs may file a claim for partition with the court.
B. The method of partition of co-owned property 1-related legal principles may be selected at will in cases where co-owners reach an agreement. However, in cases where co-owned property is divided through a trial because no agreement is reached, the court shall divide it in kind in principle, and the court may order the auction of the property only when it is impossible to divide it in kind or when the value is likely to decrease substantially if it is divided in kind. Thus, barring the above circumstances, the court shall render a judgment to divide the co-owned property into several goods in kind, and to recognize the sole ownership of each co-owner for the divided property, according to the share of co-owner.
In addition, the method of division is not a way to be sought by the parties, but according to the court's discretion, according to the overall situation of the goods which are the co-ownership relation or objects.