공유물분할(현금분할)
1. The plaintiff, defendant C, and D. shall sell G 1,740 square meters in Seosan-si to an auction and the remainder after deducting the auction cost from the price.
1. In fact, the Plaintiff and the Defendants shared the land listed in paragraph (1) of this case (hereinafter “instant land”) according to the respective 1/6 shares in the Plaintiff, Defendant C, D, and F, and the respective 2/6 shares in Defendant E.
The agreement on the division of co-owned property between the Plaintiff and the Defendants was not reached.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, and the purport of the whole pleadings
2. Determination
A. According to the above facts acknowledged, the Plaintiff, one of the co-owners of the instant land, may claim partition against the Defendants, who are other co-owners, pursuant to the main sentence of Article 268(1) of the Civil Act. In addition, if an agreement as to the method of partition has not been reached, the Plaintiff may claim it to the court pursuant to Article 269(1) of the Civil Act.
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, the auction of the co-owned property shall be ordered to divide the price by the so-called price partition.
The requirement that a "in-kind can not be divided" 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, utilization status, and the use value after the division.
It also includes cases where, even if a co-owner's co-owner's act of division in kind, the value of the portion to be owned by him/her is likely to be significantly reduced compared to the value of the share before the division in kind.
Therefore, it is possible to divide in kind formally.
Even the location, area, and surrounding area of the article jointly owned.