공유물분할
1. The real estate indicated in the annexed real estate No. 1 shall be put to an auction and the proceeds therefrom shall be deducted from auction expenses;
1. In full view of the entry of evidence No. 1, and the purport of the entire pleadings, the Plaintiff and the Defendants shared the indicated real estate in annexed Table 1 (hereinafter “instant land”) at the ratio of 1/4 shares, and the fact that the agreement on partition of co-owned property as to the instant land has not been reached between the aforementioned parties.
Therefore, pursuant to Article 269(1) of the Civil Act, the Plaintiff, a co-owner of the instant land, can file a claim for partition of co-owned property against the Defendants.
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, there are no access road which is topographically visible to the land of this case, the grave exists in part of the land of this case, Defendant B wants to sell the land at auction, and Defendant D and E specific method of spot-sale.