공유물분할 청구
1. The sale of 1,716 square meters prior to the date of the sale shall be put to an auction and the remainder after deducting the auction cost from the price shall be recorded in the attached Form.
1. The Plaintiff and the Defendants shared the real estate stated in the Disposition No. 1 (hereinafter “instant real estate”) according to their respective shares in co-ownership as indicated in the separate sheet. The facts that the Plaintiff and the Defendants did not reach an agreement on the division of the instant real estate by the closing date of pleadings are either not disputed between the parties, or they may be acknowledged in accordance with the purport of each entry in the Evidence No. 1 and No. 5,
2. According to the above facts of recognition, one of the co-owners of the instant real estate may claim a partition of the instant real estate against the Defendants based on his co-ownership share.
In principle, partition of co-owned property by a judgment shall be made in kind so as to make a reasonable partition according to the share of each co-owner, but if it is impossible to divide in kind the jointly-owned property in kind or the value thereof is likely to decrease remarkably due to the division, the court may order an auction of the property.
(Article 269(2) of the Civil Act. In this case, the requirement that "it shall not be divided in kind" is not physically strict interpretation, but it shall include cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, utilization status, and use value after the division, etc. of the article jointly owned in question in light of the nature, location, and size
(2) In the case of a co-owner's in-kind, "if the value of the property is likely to be reduced significantly if the property is divided in kind" also includes the case where the value of the property to be owned by the sole owner is likely to be reduced significantly than the value of the property before the division.
(2) As to the real estate of this case, the real estate of this case is owned by various co-owners, and the co-owners are all co-owners of this case, in light of the above legal principle. The real estate of this case is owned by all co-owners, and co-owners of this case's co-ownership is complicated.