공유물분할
1. The sale price shall be 2,915 square meters in F-gun, Chungcheongnam-gun, and 592 square meters in G-gun, Chungcheongnam-gun, Chungcheongnam-do, for sale.
1. Comprehensively taking account of the overall purport of the statements and arguments as to Gap's claim for partition of co-owned property, the plaintiff and the defendants completed the registration of ownership transfer as to each of 1/4 shares of F.F. 2,915 square meters and G 592 square meters (hereinafter "each of the lands of this case"), and the facts that the plaintiff and the defendants did not reach an agreement on the method of partition of each of the lands of this case until the date of closing argument of this case as of the date of closing argument of this case.
Therefore, the Plaintiff may file a claim against the Defendants for partition of co-owned property on each of the instant land pursuant to Article 269(1) of the Civil Act.
2. Since the plaintiff sought a partition by auction as the method of partition of co-owned property, it is possible to permit such partition of co-owned property in this case.
Article 269 (2) of the Civil Code provides that the payment for the auction can be made only when the article jointly owned is not able to be divided in kind or the value thereof is likely to be reduced remarkably due to the division.
On the other hand, Article 22 (2) of the Farmland Act provides that farmland for which a project for improving agricultural production infrastructure has been implemented under the Rearrangement of Agricultural and Fishing Villages Act shall not be divided in kind unless there is an exception. Therefore, if a project for improving agricultural production infrastructure has been implemented with respect to land subject to partition of co-owned property, it is reasonable to view that there is a ground for ordering
However, in full view of the contents of evidence Nos. 1, 2, and 5 and the purport of all pleadings, regarding each of the land of this case, Article 2 subparag. 5 of the Rearrangement of Agricultural and Fishing Villages Act, which is a kind of rearrangement project for agricultural production infrastructure as prescribed by the Rearrangement of Agricultural and Fishing Villages Act around December 30, 1968.
B. Since it can be recognized that the title has been completed, each of the instant lands is subject to the payment by auction under Article 269(2) of the Civil Act.