공유물분할
1. The remaining amount after deducting the expenses for the auction from the proceeds of the sale by selling the real estate listed in the separate sheet;
1. In full view of the purport of the entire pleadings, the real estate listed in the separate sheet (hereinafter “instant real estate”) is owned by the Plaintiff and the Defendants in their shares of 1/5, respectively. It is recognized that there was no agreement between the Plaintiff and the Defendants on the method of dividing the instant real estate.
2. Determination as to the cause of action
A. According to the above facts of recognition, the Plaintiff, as co-owners of the instant real estate, may claim a partition of co-owned property against the Defendants, who are other co-owners pursuant to Article 269(1) of the Civil Act.
B. In the case of dividing the jointly-owned property by a trial, it is a principle that it is divided in kind, but if it is impossible to divide it in kind or it is possible to divide it in kind, the value thereof may be reduced remarkably, the auction of the jointly-owned property may be ordered.
The requirement of "shall not be divided in kind" is not a physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide the property in kind in light of the nature, location, area, use status, value of use after division, etc. of the article jointly owned.
(See Supreme Court Decision 2002Da4580 delivered on April 12, 2002). C.
In light of the following circumstances, the Plaintiff filed a lawsuit for partition of co-owned property in the instant case and sought payment by means of the division. Defendant B is proceeding by public notice. Defendant B does not appear on the date of pleading without submitting a written response, and the remaining Defendants do not appear on March 6, 2018, which revealed the method of partition of co-owned property, and both the Plaintiff and the Defendants, co-owners of the instant real estate, are five persons.