공유물분할
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. Basic facts
A. The Plaintiff and the Defendants shared the real estate listed in the separate sheet of real estate (hereinafter “instant real estate”) as indicated in the separate sheet of co-owner’s share.
B. The Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant real estate until the date of closing the argument in the trial.
[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings
2. Co-owners who have created the right to claim partition of co-owned property may claim a partition of the co-owned property (main sentence of Article 268 (1) of the Civil Act), and if the consultation as to the method of partition of the co-owned property has not been reached, co-owners may request a court for partition, and if it is impossible to divide in kind or the value thereof might be reduced remarkably due to such partition, the court may order
(Article 269 of the Civil Act). Therefore, the Plaintiff, a co-owner, may request the Defendants, other co-owners, to divide the instant real estate.
3. Method of partition.
A. In principle, partition of co-owned property according to the relevant legal principles shall be made in kind so that each co-owner can make a rational partition according to his/her 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 the possible cause, the auction of the co-owned property shall be ordered to divide the price by the method of so-called price division.
The requirement that “in-kind cannot be divided” is not a physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide the co-ownership of co-owners in kind in light of the nature, location, area, utilization situation, commercial value after the division, etc. of the co-ownership in light of the nature, location, use situation, and commercial value after the division. In the case of ordering a partition of co-ownership by the method of price compensation, the right to collateral security is divided.