공유물분할
1. As to the portion of 1/3 of the 500 square meters of the land owned by the Defendant (Appointed Party) from the Plaintiff, Jeonnam-gun, Shinan-gun.
1. Basic facts
A. The Defendant (Appointed Party), the Appointed Party, and D shared 1/3 shares of each of the 1/3 shares, and used the forest land of 500m2 (hereinafter “instant land”) in a mountain place in the Yannam-gun, Newannam-gun, Seoul-do.
B. The procedure for compulsory auction was carried out with respect to D’s share out of the instant land to the Gwangju District Court wooden Branch E, and the Plaintiff sold the said share in the above auction procedure.
C. The Plaintiff wants to sell the instant land by auction and distribute the price according to the ratio of shares of each co-owner, and the Defendant (Appointed Party) and the appointed party want to purchase the Plaintiff’s share, and there was no agreement on the method of partition, as the Defendant (Appointed Party) wants to purchase the Plaintiff’s share.
Meanwhile, the market price of the instant land based on around July 7, 2016, which is close to the date of closing the argument in the instant case, is KRW 9,016,200 (=509 square meters x 1,800 square meters).
[Ground of recognition] A without dispute, Gap evidence 1, 2 (including additional numbers), Eul evidence 1, Eul evidence 2 (including additional numbers), each video of Eul evidence 2 (including additional numbers), appraiser F's appraisal result, the purport of the whole pleadings
2. The Plaintiff, the co-owner of the instant land, the Defendant (Appointed Party), and the Appointed Party did not reach an agreement on the method of partition. As such, the Plaintiff has the right to partition of co-owned property as to the instant land against the Defendant (Appointed Party) and the Appointed pursuant to his co-owned share.
3. Method of partition of the article jointly owned;
A. The principle of non-division of co-ownership can be selected at will when co-owners reach an agreement, but if co-owners divide the co-owned property through a trial because they did not reach an agreement, the court shall divide it in kind in principle. If it is impossible to divide it in kind or if it is possible to divide it in kind in kind, the price can be paid by ordering the auction of the goods only when the value of the property might be significantly decreased.
. Co-owned property partition.