공유물분할
1. The plaintiff shall sell the real estate listed in the separate sheet to an auction and deduct the auction cost from the price.
1. In addition to the statement in Gap evidence No. 2 of the claim for partition of the jointly owned property, the plaintiff and the defendants can recognize the fact that they share the real estate listed in the separate sheet (hereinafter "the real estate of this case") at each 1/3 share ratio.
The Plaintiff, one of the co-owners of the instant real estate, can seek a partition of the instant real estate against the Defendants based on his co-ownership right.
2. The partition of co-owned property by judgment on the method of partition is, in principle, made in kind so as to make a reasonable partition according to the share of each co-owner;
Provided, That where it is impracticable or inappropriate to divide the article in kind in light of the nature, location, area, use status, value of use after the division, etc. of the article jointly owned, it may be made by the division in kind.
In addition to the purport of the entire pleadings, the following facts can be acknowledged: (a) share in the instant real estate in Defendant B was established with the right to collateral security (the maximum amount of claim 59.8 million won), ② share in the instant real estate in Defendant C was established with the right to collateral security (the maximum amount of claim 200 million won); (b) the right to collateral security (the maximum amount of claim 216.0 million won) was not agreed upon between the Plaintiff and the Defendants; (c) the right to share in the instant real estate was not jointly owned by the Plaintiff and the Defendants; and (d) the fact that the share in the instant real estate was planted by a third party other than the original Defendant on the instant real estate.
However, if the right to collateral security is established on one of the co-owners' shares, the right to collateral security remains in all the co-ownership according to the previous shares ratio even after the co-ownership becomes divided. Therefore, it is difficult to find an equitable method of spot distribution in accordance with the share ratio of ownership on the instant real estate.
(The number of trees of a third party planted with the permission of the Defendants is one of the circumstances in which it is difficult to divide the property in kind. In addition, even after the division of the property jointly owned is made, the previous shares of shares are in line with the previous shares of shares.