공유물분할
1. The Plaintiff shall sell the land of 10612 square meters for auction at Jeju-si, and the remaining money which remains after deducting the auction cost from the price.
1. Basic facts
A. On February 2, 1983, the Defendant completed each share transfer registration with respect to 2/3 shares of the land indicated in the disposition (hereinafter “instant land”); and on July 9, 2014, the Plaintiff completed each share transfer registration with respect to 1/3 shares of the instant land.
B. The Plaintiff acquired some shares in the instant land as above and consulted with the Defendant on the division of jointly owned property over several occasions, but did not reach an agreement.
【Facts without dispute over the ground for recognition, entry of evidence No. 1 and purport of whole pleadings】
2. In principle, the partition of co-owned property by judgment may be divided in kind as long as a reasonable partition can be made according to the share of each co-owner, or if it is impossible to divide in kind, an auction may be ordered to divide in kind. In the payment, the requirement that “it cannot be divided in kind” is not physically strict interpretation, but physically includes cases where it is difficult or inappropriate to divide in kind in light of the nature, location, area, situation of use, and use value after the partition.
In light of the above legal principles, the land of this case is difficult or inappropriate to divide in kind between the Plaintiff and the Defendant in light of the following circumstances, since it is difficult or inappropriate to divide in kind between the Plaintiff and the Defendant in light of the following circumstances, it is fair and reasonable to distribute the price according to the share ratio of the Plaintiff and the Defendant after selling it at auction and distributing it in accordance with the share ratio of the Plaintiff and the Defendant.
① It is difficult to find a fair and reasonable method of division of land in kind according to the respective share ratio between the Plaintiff and the Defendant, as well as the form of Hosil disease and only part of the land is adjacent to the road.
② both the Plaintiff and the Defendant compensates for the value equivalent to the equity value of the other party.