공유물분할
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by each person;
1. The facts based on which the Plaintiff and the Defendants shared the share of each of the real estate listed in the separate sheet (hereinafter “each of the instant land”) on the real estate indicated in the separate sheet do not conflict between the parties, and the Plaintiff and the Defendants did not reach an agreement on the method of partition regarding each of the instant land. The fact that the agreement on each of the instant
2. The assertion and judgment
A. The Plaintiff’s assertion asserts that, in the event of the in-kind division of each land of this case, the survey and appraisal cost to divide the land is excessive compared to the value of the land, and the category of each land of this case cannot be combined as the category of land of this case differs, and there are circumstances where it is difficult for the Plaintiff to divide the land in-kind, such as the cost, the price of the real estate, if the land is divided in-kind according to the shares, etc.
B. In the case of dividing the jointly-owned property by judgment, the court is in principle dividing it in kind, and only when it is difficult to divide it in kind or it is possible to divide it in kind, if the value of the property might be reduced remarkably, the auction of the property can be ordered.
Unless there are extenuating circumstances under which it is inevitable to divide the common property into several goods according to the ratio of shares of each co-owner, the court shall render a judgment recognizing the sole ownership of each co-owner for the divided goods, and it is not permissible to order the payment in installments without permission due to the subjective and abstract circumstances, such as the fact that the co-owner does not agree with the intention regarding the method of division.
(see, e.g., Supreme Court Decision 2009Da40219, 40226, Sept. 10, 2009). Health class with regard to the instant case, solely on the sole basis of the Plaintiff’s assertion, if it is impossible to divide each of the instant lands in kind or to divide, the value may be significantly reduced.