공유물분할
1. The plaintiff, the plaintiff and the plaintiff, who put in an auction E river 178 square meters in Ansan-si and deducts the auction expenses from the proceeds.
1. In light of the absence of dispute between the parties to the claim for partition of co-owned property, or comprehensively taking account of the overall purport of entry and pleading in the evidence No. 1, the Plaintiff, Defendant B, and Defendant D shares the land of this case in their respective shares of 9/33 and 6/33, and it can be acknowledged that consultation as to the method of partition between the Plaintiff and the Defendants, the co-owner of the land of this case, and the co-owner of this case, did not reach an agreement on the method of partition, barring any special circumstance, the Plaintiff may file a claim for partition of the land of this case against the Defendants, who are other co-owners pursuant to Article 269(1) of the Civil Act.
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, the following circumstances, i.e., the land of this case, which can be seen by comprehensively taking account of the following circumstances, the evidence and the purport of the entire pleadings.