공유물분할
1. The remaining amount of each real estate listed in the separate sheet after deducting the expenses for auction from the proceeds of auction;
1. Facts of recognition;
A. The Plaintiff and the Defendants share each real estate listed in the separate sheet (hereinafter collectively referred to as “instant land”) at the ratio of shares indicated in the co-ownership column in the separate sheet.
B. The instant land is a farmland for which a project for improving agricultural production infrastructure has been implemented under the Rearrangement of Agricultural and Fishing Villages Act, and is not partitioned, except where the area of each parcel is divided into more than 2,000 square meters after subdivision pursuant to Article 22(2)3 of the Farmland Act.
C. The Plaintiff and the Defendants did not reach an agreement on the partition of co-owned property by the date of closing the argument in this case.
[Reasons for Recognition] The non-contentious facts, Gap evidence No. 1, and the result of fact-finding on the agricultural policy and the agricultural policy of the Si/Gun Office, the purport of the whole pleadings
2. Determination
A. According to the above recognition of the co-owned property partition claim, the Plaintiff, a co-owner of the land of this case, may claim the partition of the land of this case against the Defendants, another co-owner.
B. In the case of dividing the co-owned property through a trial, if it is impossible to divide the co-owned property in kind or if it is possible to divide it in kind in kind, the auction of the property may be ordered if the value might be significantly reduced. Here, the requirement does not physically be interpreted strictly, but includes cases where it is difficult or inappropriate to divide the property in kind in light of the nature, location, size, utilization situation, use value after the division, etc. (see, e.g., Supreme Court Decision 2009Da40219, 4026, Sept. 10, 2009). 2) With respect to the land of this case, the following circumstances revealed by health stand, the above acknowledged facts and evidence, namely, in the case of dividing the land of this case in kind, the minimum amount of division shall exceed 2,00 square meters according to the Farmland Act. The area of the land of this case, the ratio of shares and interests of the Plaintiff and the Defendants, respectively.