공유물분할
1. The auction cost shall be incurred from selling 1,369 square meters in Gangnam-si Jle-si, 549 square meters in K, L road, 688 square meters in size, and M 73 square meters in total.
In full view of the purport of Gap evidence No. 1-1-4 and the entire pleadings, the plaintiffs and the defendants share 1,369 m2, 549 m2, 369 m2, 58 m2, 688 m2, and 1,369 m2 (hereinafter "each of the instant lands") in the separate co-ownership list, respectively. There is no partition prohibition agreement as to each of the instant lands, and the plaintiffs and the Defendants did not reach an agreement on the division method by the date of the closing of argument. Thus, the plaintiffs can file a claim against the defendants for the division of each of the instant lands, which are co-owned properties.
(Article 268(1) main text of the Civil Act). Furthermore, with respect to the method of dividing each of the instant lands, the Plaintiffs seek to divide the price through auction, while Defendant G seeks to divide the price in kind.
In the case of dividing an article jointly owned by a trial, if it is impossible to divide it in kind or if the value of the article is likely to be significantly reduced, an auction of the article may be ordered, and the requirement of "shall not be divided in kind" includes cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, utilization status, use value, etc. of the article jointly owned in kind, not physically strict interpretation but it is difficult or inappropriate to divide the article in kind in kind.
(see, e.g., Supreme Court Decision 2009Da40219, 40226, Sept. 10, 2009). The following circumstances revealed through the purport of the entire pleadings, namely, the number of co-owners of each land of this case, is nine and the number of co-owners of each co-owner’s co-ownership is different, and the total area of land corresponding to co-ownership of each land of this case is 2.67 square meters among co-owners who have less shares (the total area of land corresponding to Defendant G’s co-ownership, which wants to divide in kind, is only 5.34 square meters), and in some co-owners, it is difficult to grasp the present address.