공유물분할
1. The sale of 4,095 square meters and D forest land 2,400 square meters prior to Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the sale cost shall be deducted from the sale price.
1. Facts of recognition;
A. The Plaintiff and the Defendant shared 4,095 square meters of farmland and 2,400 square meters of farmland and 4,000 square meters of land (hereinafter “instant land”) in the proportion of 1/2 shares, respectively.
B. There is no separate agreement between the Plaintiff and the Defendant on the prohibition of partition regarding the instant land, and no agreement on division has been reached until the date of closing the argument in the instant case.
[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Determination:
A. According to the above facts, the Plaintiff, one of co-owners of the land of this case, may claim a partition of the land of this case against the Defendant based on his co-ownership.
B. In principle, division of co-owned property by judgment shall be made in kind as long as a reasonable partition can be made according to the share of each co-owner, but in the payment division, the requirement is not physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide the co-owned property in kind in light of the nature, location, size, utilization situation of the co-owned property, use value after the division, etc.
(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.
(See Supreme Court Decision 2002Da4580 delivered on April 12, 2002). Since it is difficult to find a reasonable plan for division of the land of this case and the plaintiff also wishes to divide the land of this case by auction, it is reasonable to divide the land of this case by auction.
3. It is so decided as per Disposition by the assent of all participating Justices on the bench that the land in this case was put up for auction and the amount remaining after deducting the auction cost from the price is distributed according to the share ratio of the plaintiff and the defendant.