공유물분할
1. The remainder of the amount calculated by deducting the auction cost from the proceeds of the sale by selling the 1330 square meters of paddy-gun, Jeonnam-do.
Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 6, the plaintiff and the defendant shared the land of 1330 square meters (hereinafter "the land of this case") in proportion to one-half shares in Yong-gun, Chungcheongnam-do, and it can be acknowledged that the plaintiff and the defendant did not reach an agreement on subdivision of the land of this case. Thus, the plaintiff may file a claim against the defendant for subdivision of the land of this case, which is jointly owned by the defendant.
In principle, partition of co-owned property by judgment shall be made by the method of in-kind division as long as a reasonable partition can be made according to the share of each co-owner, but if it is impossible to divide in-kind or even if it is possible in-kind, if the price may be reduced remarkably due to such cause, it shall be made by the method of so-called payment division ordering the auction of the co-owned property to divide
According to the above evidence, the land of this case can be recognized as farmland that was implemented for the agricultural production infrastructure improvement project. According to Article 22(2)3 of the Farmland Act, the land of this case can be divided only where each lot area is more than 2,000 square meters after the division. As seen earlier, it is impossible to divide the land of this case into 1,330 square meters and each lot area after the division.
Therefore, it is reasonable to divide the land of this case by means of a method of payment by auction, so it is reasonable to divide the land of this case into an auction and distribute the remaining amount after deducting the auction cost from the price to the plaintiff and the defendant at the ratio of 1/2, and the litigation cost is to be borne individually by each party. It is so decided as per Disposition.