공유물분할
1. The plaintiff shall sell 1,371m2 in Jincheon-gun, Jincheon-gun, Jincheon-gun to auction and the remainder which remains after deducting the auction cost from the price.
Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 8, the following facts can be acknowledged: (a) The plaintiff, defendant B, and deceased on January 19, 2018; (b) the deceased on January 19, 2018; (c) the defendant C, E, F, and G succeeded to the deceased on each share of 3/11; and (d) the plaintiffs and the defendants did not reach agreement on the division method of each of the lands of this case.
In such a case, the Plaintiffs, who are co-owners of each of the instant lands, may file a claim for partition of co-owned property against the Defendants, who are other co-owners pursuant to Article 269
Furthermore, as to the method of partition, in principle, division of co-owned property by trial shall be made in kind as long as it is possible to make a rational partition according to the share of each co-owner, but in the payment division, the requirement is not physically strict interpretation, and it includes cases where it is difficult or inappropriate to divide in kind in light of the nature, location, area, situation of use, use, use value, etc. of the co-owned property.
(3) The Defendants wish to divide the instant land in kind inasmuch as the instant land was under a title trust as it was located on the upper part of the text, and the purpose of the entire pleadings is as follows: (a) comprehensively taking account of the purport of the entire pleadings in the entry of the evidence No. 9: (b) each of the instant land is impossible to divide into two thousand square meters or less as farmland for which a project for improving agricultural production infrastructure was implemented under the Rearrangement of Agricultural and Fishing Villages Act as prescribed by Article 22(2) of the Farmland Act; (c) the Plaintiff’s ownership area is less than 2,000 square meters if divided into the area according to the ratio of shares between the Plaintiff and the Defendants; and (c) the Defendants want to divide the instant land in kind in the form of the land under a title trust.