공유물분할
1. The plaintiff and the plaintiff shall sell 512 square meters in Seopopo-si E to auction and deduct the auction cost from the price.
1. The Defendants and F completed the registration of ownership transfer with respect to each 1/4 share of the real estate indicated in the text of the claim for partition of co-owned property (hereinafter “instant real estate”). The Plaintiff purchased F’s share in the compulsory auction procedure commenced at Jeju District Court G on August 3, 2017 with respect to the instant real estate after the commencement of the registration of ownership transfer due to inheritance; the Plaintiff, despite wishing to divide the instant real estate, did not dispute between the parties, or agreed on the method of division with the Defendants, is recognized in accordance with the purport of the items in subparagraphs 1 and 2 as well as the whole pleadings.
Therefore, the Plaintiff may claim the division of the said real estate against the Defendants, who are co-owners of the instant real estate.
2. Method of partition of co-owned property;
A. In principle, partition 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 that “it cannot be divided in kind” is not physically strict interpretation. It includes cases where it is difficult or inappropriate to conduct partition in kind in light of the nature, location, size, utilization situation of the co-owned property, use value after the partition, etc.
B. (See Supreme Court Decision 2002Da4580 delivered on April 12, 2002).
In full view of the following circumstances revealed by the facts and the evidence as seen earlier and the purport of the entire pleadings, it is deemed reasonable to resolve the co-ownership relationship through the auction and division as it is difficult or inappropriate to divide the instant real estate in kind.
① The area of the instant real estate is 512 square meters (around 155 square meters). If the said real estate is divided in kind according to the share ratio of the parties concerned, the Plaintiff, as the Plaintiff, shall independently own the area before and after 128 square meters (around 38 square meters) among the said real estate. However, in light of the area of the relevant land or the details of the relevant statutes, the Plaintiff falls within the future