공유물분할
1. The sale price shall be the F 211m2 in Seosan-si, and the remainder after deducting the auction cost from the sale price.
1. Facts of recognition;
A. The Plaintiff and the Defendants shared the instant land in proportion to the Plaintiff 540/608 shares, and each of the Defendants 17/608 shares (However, while G is indicated as sharing 17/152 shares in the certified copy of the register of the instant land, G died on May 24, 2010, and the Defendants, their children, inherited each of the 17/608 shares).
B. There is no separate agreement between the Plaintiff and the Defendants 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.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), 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 Defendants based on his co-ownership.
B. The partition of co-owned property by judgment shall be made by the method of in-kind division as long as a reasonable partition can be made according to the shares of each co-owner. However, if it is impossible to divide in-kind or even if it is possible in-kind, if the price might be reduced remarkably due to such fact, the auction of the co-owned property shall be ordered to divide the price by the method of price division.
In addition, the requirement that the "in-kind cannot be divided into goods" is not physically strict interpretation, but formally, it is possible to divide the goods into goods.
Even if it is difficult or inappropriate to divide the article jointly owned in kind in light of the nature, location, area, use status, value after the division, share ratio of co-owners, etc.
(See Supreme Court Decision 2002Da4580 delivered on April 12, 2002, etc.). C.
According to Article 57 of the Building Act and Article 80 of the Enforcement Decree of the Building Act, a site where a building is located in a residential area cannot be partitioned into less than 60 square meters.