공유물분할
1. The sale price shall be the remainder after deducting the auction cost from the sale price, which is put up for an auction with the area of 215 square meters prior to D in Pakistan.
1. Basic facts
A. As to the land of this case (hereinafter “instant land”), the Defendant (Appointed Party; hereinafter “Defendant”) and the Defendant’s designated persons, and F completed the registration of ownership transfer as to each 1/5 portion on November 13, 2001 due to inheritance. < Amended by Act No. 6594, Nov. 13, 2001>
B. On March 13, 2019, Plaintiff (Appointed Party; hereinafter “Plaintiff”) and Plaintiff Appointed E hold 1/10 shares in the instant land by completing a share transfer registration on F portion on March 13, 2019.
C. The Plaintiff, the Plaintiff’s Appointor E, the Defendant, and the Defendant’s Appointor did not reach an agreement on the method of dividing the instant land.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings
2. On the land of this case asserted by the parties, the plaintiff asserts the installment of the price, while the defendant asserts the installment of the price in kind.
3. Determination
A. According to the above facts, the Plaintiff, a co-owner of the land of this case, may file a claim for the partition of the land of this case against the Defendant and the Defendant’s designated parties, who are other co-owners, pursuant to Article 269(1
(b) In the case of dividing the article jointly owned by a trial, in principle, by dividing it in kind, or by dividing it in kind or by dividing it in kind, if the value thereof is apprehended to be significantly reduced, the auction of the article jointly owned may be ordered.
Here, the requirement of "undivided in kind" includes cases where it is physically impossible to divide the article in kind, as well as cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, current use, value of use after the division.
In addition, the value of the portion to be owned independently by the in-kind division shall be significantly reduced compared to the value of the ownership before the division, even if the co-owner is liable to decrease the value of the portion if it is divided in kind.