공유물분할
1. The remaining amount of each real estate listed in the separate sheet after deducting the expenses for auction from the proceeds of auction;
1. In full view of the absence of dispute between the parties to the claim for partition of co-owned property, or the purport of Gap evidence No. 1-1-3 and all pleadings, each of the real estate listed in the separate sheet (hereinafter “each of the real estate of this case”) is jointly owned by the plaintiffs and the defendant as to their respective shares in the order. Since it can be acknowledged that consultation regarding the method of partition between the plaintiffs, co-owners of each of the real estate of this case and the defendant was not reached, the plaintiffs may file a lawsuit against the defendant, who is another co-owner, pursuant to Article 269(1) of the Civil Act, unless there are special circumstances.
2. Method of partition of co-owned property;
A. The partition of co-owned property by judgment is in principle divided in kind as long as a reasonable partition can be made according to the share of each co-owner. The auction of the goods can be ordered only when the value of the goods is likely to be significantly reduced if it is impossible to divide in kind or in kind. In the payment division, the requirement that "it cannot be divided in kind" is not physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide in kind in consideration of the nature, location, area, use status, and use value after the division, etc. of the co-owner's share.
in the case of a co-owner's act of dividing in kind, "if the value of the property is likely to decrease substantially, the value of the property may decrease substantially," also includes the case where the value of the property to be owned by the sole owner might decrease significantly more than the value of the property before the division.
B. (See Supreme Court Decision 2002Da4580 delivered on April 12, 2002).
In light of the above legal principles, we examine the instant case, and describe the evidence No. 1 to No. 3, and No. 2, respectively, without dispute between the parties or between the parties.