공유물분할
1. The money remaining after the sale price for each real estate listed in the separate sheet 1 was put to an auction and deducting the auction cost from the sale price.
1. Comprehensively taking account of the purport of Gap 1's claim for partition of the jointly owned property, the plaintiff and the defendants are co-owners of the land in the annexed Table 1 (hereinafter "the land in this case"), which are owned in accordance with the ratio of the portion of the re-owned land in the annexed Table 2. The fact that the agreement between the plaintiff and the defendants on the method of partition of the land in this case has not been reached is significant in this court.
Therefore, pursuant to Article 269(1) of the Civil Act, the Plaintiff is entitled to file a claim against the Defendants, who are other co-owners of the instant land, for the partition of the instant land.
2. Method of partition of the article jointly owned;
A. According to the relevant legal principles, in the case of dividing the jointly-owned property in kind, it is a principle that it is divided in kind, or if it is impossible to divide it in kind or if the value thereof is likely to be significantly reduced, the auction of the jointly-owned property may be ordered to be paid in installments.
Here, the requirement of "undivided in kind" includes cases where it is physically impossible to divide the article in kind, as well as cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, utilization status, and use value after the division.
In addition, the phrase “where the value of the land is likely to be reduced remarkably if it is divided in kind” includes cases where, even if a co-owner is a person, the value of the part to be owned independently by the division in kind is likely to be significantly reduced compared to the value of the land before the division (see, e.g., Supreme Court Decisions 2009Da40219, Sept. 10, 2009; 2013Da56297, Dec. 10, 2015). In this case, the land category of the instant land is the answer, and the area is limited to 472 square meters, and the land area is likely to be reduced in kind, and the Plaintiff wishes to divide in kind, and Defendant B is the subject case.