공유물분할
1. The amount remaining after selling the 6645 square meters of the forest D, Nam-gu, Seoul Special Metropolitan City, for auction and deducting the auction expenses from the price.
1. At the time of the establishment of the right to claim partition of co-owned property, the plaintiffs share 1/4 of 6645 square meters of land D, Nam-gu, Dong-gu, Seoul, and the defendant own 1/2 shares, and the defendant did not reach an agreement on the method of division between the plaintiffs and the defendant, the facts that agreement on the method of division was not reached between the plaintiffs and the defendant can be acknowledged in full view of the overall purport of pleadings as to each entry in Gap evidence No. 1
Therefore, the Plaintiffs, co-owners, may claim against the Defendant for the partition of the instant land, which is jointly owned by them.
2. Method of partition of co-owned property;
A. In principle, the partition of co-owned property by judgment shall be made in kind as long as a reasonable partition can be made according to the share of each co-owner, or in the case of a co-owner unable to divide in kind or the value thereof may be reduced remarkably due to the division, the court may order an auction of the goods (Article 269(2) of the Civil Act), and the requirement that "it cannot be divided in kind" should not be physically strict interpretation, but it shall include cases where it is difficult or inappropriate to conduct the partition in kind in light of the nature, location, area, use status, and use value after the division, etc. of the co-owner.
(2) If the value of the portion to be owned independently by the division is likely to be significantly reduced due to the division, it includes the case where the value of the portion to be owned by the owner is likely to be significantly reduced than the value of the share before the division, even if the person is a co-owner.
(See Supreme Court Decision 2002Da4580 Decided April 12, 2002, etc.). In this case, the center of the land of this case appears to exist, and the land division is difficult in a reasonable form without digging it, it is difficult for the Plaintiffs and the Defendant to hold consultation on the method of spot-to-spot division between the Plaintiffs and the Defendant, and the Plaintiffs also want to divide by auction, taking into account such circumstances.