공유물분할
1. The sale price shall be calculated by selling 1,767m2 in Pyeongtaek-gun G-gun and subtracting the auction cost from the sale price.
1. Facts of recognition;
A. The Plaintiff and the Defendants share the land indicated in the Disposition No. 1 (hereinafter referred to as “instant land”) in the same proportion as the written order.
B. The instant land is farmland for which an agricultural infrastructure development and expansion project was implemented.
C. Meanwhile, as of the date of the closing of argument in the instant case, there was no special agreement prohibiting partition of co-owned property between the Plaintiff and the Defendants.
[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 1 to 4, the purport of the whole pleadings
2. Determination
A. According to the facts acknowledged above, the Plaintiff, one of the co-owners of the instant land, may claim the partition of the instant land against the Defendants, who are other co-owners, pursuant to the main sentence of Article 268(1) of the Civil Act.
In addition, if the consultation on the method of partition does not lead to an agreement, a partition of co-owned property may be brought to the court pursuant to Article 269(1) of the Civil Act. The facts that the plaintiff and the defendants did not reach an agreement on the partition of co
Therefore, upon the Plaintiff’s request, the instant land, which is jointly owned, is divided.
B. Co-owned property partition by judgment on the method of partition shall, in principle, be made by the method of spot partition in so far as it is possible to make a rational partition according to each co-owner's share. However, if it is impossible to divide in kind or it is possible in form, if the price might be reduced remarkably due to such possibility, it shall be made by auction of the co-owned property and by the method of so-called price division dividing
On the other hand, the requirement that a "in-kind shall not be divided in kind" is not a physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide the property in kind in light of the nature, location, area, use situation, use value after the division, etc. of the article jointly owned.
Supreme Court Decision 201Na1448 delivered on April 12, 2002