공유물분할
1. Attached Form;
1. The remaining amount after deducting the auction expenses from the proceeds of the sale of the real estate sold to an auction shall be set forth in annexed Form 2.
1. According to the purport of Gap evidence Nos. 1, 2, and 3 as well as the whole pleadings, the co-owned property partition claim was created.
1. The Plaintiff and the Defendants attached to the indicated real estate (hereinafter “instant real estate”).
2. Recognizing the fact that shares are shared as stated, the agreement between the Plaintiff and the Defendants on the method of dividing the real estate of this case was not reached until the date of closing the argument of this case.
Therefore, the Plaintiff, a co-owner of the instant real estate, can seek a partition of co-owned property against the Defendants, who are the remaining co-owners pursuant to Articles 268 and 269 of the
2. Method of partition of co-owned property;
A. The partition of co-owned property by judgment shall be made by the method of in-kind division, or by the method of in-kind division, if it is impossible to divide the co-owned property in kind or even if it is possible in form, if the price might be reduced remarkably due to such cause, the auction of the co-owned property should be ordered, and the price shall be divided by
Here, "The price is significantly reduced due to the in-kind division" refers to not only the case where the exchange value of the whole co-owned property is significantly reduced due to the in-kind division but also the case where the value of the part to be owned independently due to the in-kind division is considerably reduced compared to the share value in the co-owners before the partition of co-owned property.
Therefore, even if it is possible to divide property in kind formally, if it is not possible to divide property in kind according to the share ratio of each co-owner in kind, it is not necessary to divide the property in kind, but to divide the property jointly owned by the method of payment in kind in consideration of the location, area and surrounding road conditions, use value, price, share ratio of co-owner's ownership and use and profit-making status, etc.
B. (See, e.g., Supreme Court Decision 2002Da4580, Apr. 12, 2002).
(e).