공유물분할
1. In the case of Kim Jong-do, 3,375 square meters of E forest shall be put to an auction and the remaining amount after deducting the auction expenses from the price shall be attached Form 1.
1. Basic facts
A. On February 11, 1985, Nonparty F sold 2/4 shares of E forest land E 3,375 square meters (hereinafter “instant land”) to Defendant C. On September 18, 199, Nonparty F sold 1/4 shares of the instant land to Nonparty G.
B. Defendant B completed the registration of ownership transfer with respect to 1/4 shares out of the instant land owned by G on December 6, 2010 due to inheritance by consultation and division on June 15, 2009.
C. On June 21, 2016, H Co., Ltd. applied for the commencement of compulsory auction with respect to 1/4 of the instant land owned by Nonparty F to the Jeonju District Court. On March 9, 2017, the Plaintiff acquired 1/4 of the instant land due to sale by compulsory auction.
No agreement was reached between the Plaintiff and the Defendants regarding the partition of co-owned property on the instant land until the closing date of the argument.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings
2. Determination on the cause of the claim
A. According to the above facts acknowledged as above, the plaintiff, co-owner of the land of this case, can claim the partition of the land of this case against the defendant, who is another co-owner.
B. A method of partition of co-owned property 1) In a case where the co-owned property is divided in kind with a judgment, if it is impossible to divide it in kind or if it is possible to divide it in kind with the value thereof, an auction of the property may be ordered. Here, the requirement of “undivided in kind” includes cases where it is difficult or inappropriate to divide it in kind in light of the nature, location, size, utilization situation, use value after the division, etc. of the co-owned property, not physically strict interpretation. (see, e.g., Supreme Court Decision 2009Da40219, 40226, Sept. 10, 2009). 2) Dop, Dop, No. 3, written evidence, evidence No. 5 and 6-5 and 6-6, each image of this Court, reply by this Court on Oct. 4, 2018, and the National Land Information Corporation of this Court on January 14, 2019.