공유물분할
1.(a)
Attached Form
The real estate listed in the list of paragraph (1) shall be put to an auction and the auction expenses shall be deducted from the proceeds.
1. Facts of recognition;
A. The real estate listed in attached list No. 1 (hereinafter “instant land”) is jointly owned by the Plaintiff, Defendant A, C, D, F, and G in their respective shares of shares of 1/7. The real estate listed in attached list No. 2 of the instant land (hereinafter “instant warehouse”) is jointly owned by the Plaintiff and the Defendants in their shares of shares of 1/8, respectively.
B. Until now, the Plaintiff and the Defendants did not agree on the division method of the instant land and warehouse.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-3, the purport of the whole pleadings
2. Determination
A. According to the facts acknowledged above, the Plaintiff, a co-owner of the land and warehouse of this case, can file a partition of co-owned property against the Defendants, other co-owners, pursuant to Article 269(1) of the Civil Act.
B. In principle, the partition of co-owned property by trial is to be made in kind as long as a rational partition can be made according to the share of each co-owner. However, the requirement that the partition can not be made in kind is not physically strict, but physically strict interpretation. It includes cases where it is difficult or inappropriate to divide the co-owned property in kind in light of the nature, location, size, situation of use, use after the partition, use value, etc. of the co-owned property.
(2) On the ground of this case, the following circumstances, which are acknowledged by the Health Team, each evidence and the purport of the entire pleadings, are as follows: (1) it is factually impossible to divide the instant warehouse into the proportion of the Plaintiff and the Defendants due to the existence of the instant warehouse on the ground of this case; and (2) for shares of Defendant A, B, and C among the land and warehouse of this case, the provisional attachment registration was completed; and under such circumstances, the said division is made in kind.