공유물분할
1. The remaining amount of each real estate listed in the separate sheet after deducting the expenses for auction from the proceeds of auction;
1. If the purport of the entire pleading is added to the evidence Nos. 1 through 3 as to the claim for partition of co-owned property, each of the real estate listed in the separate sheet (hereinafter “instant real estate”) is acknowledged to have been jointly owned by the Plaintiff 2/9 shares, the Defendant shared 7/9 shares, and the Plaintiff and the Defendant did not reach an agreement on the division of the instant real estate. As such, the Plaintiff, a co-owner of the instant real estate, may file a claim for partition of the instant real estate against the Defendant, who is another co-owner, pursuant to
2. The partition of co-owned property based on the decision on the method of partition shall be made by the method of in-kind partition, or even if it is impossible in-kind partition, if the price is likely to decrease substantially as a result thereof, the auction of the co-owned property shall be ordered, and if the price of the co-owned property is to decrease substantially. In this context, the exchange value of the co-owned property shall be reduced remarkably due to in-kind partition, and the whole co-owned property shall include not only the case where the exchange value of the co-owned property is considerably reduced considerably, but also the case where the value of the part to be owned independently by the co-owner is significantly reduced considerably than the share value before the partition of co-owned property, even if it is not done fairly. Thus, even if it is possible in-kind partition, the co-owned property shall be divided not by the method of in-kind division, but also by the method of in-kind division if the share owned by each co-owner can not be divided in-kind in-kind after considering the location, size and surrounding the co-owned property.
(See Supreme Court Decision 92Da30603 delivered on January 19, 1993). In light of the above legal principle, the above evidence is examined, and the above evidence is presented.