공유물분할
1. The real estate listed in the attached list of real estate shall be put to an auction and the proceeds thereof shall be deducted from the auction cost;
1. Facts of recognition;
A. The designated parties and the Defendants shared co-ownership shares on each real estate listed in the separate sheet in the attached sheet of real estate (hereinafter “instant real estate”).
B. The designated parties and the Defendants did not agree on the division of the instant real estate.
[Ground of recognition] Facts without dispute, Gap evidence 1-7, Gap evidence 2-2, the purport of the whole pleadings
2. According to the above facts of recognition, the designated parties, co-owners of the instant real estate, may request the Defendants, other co-owners, to divide the instant real estate in accordance with Article 269(1) of the Civil Act.
Furthermore, we examine the method of partition of co-owned property.
According to the statements in Gap evidence 1-1 to 7 and Gap evidence 3, the following facts can be acknowledged:
① The instant real estate belongs to a management area under the National Land Planning and Utilization Act.
② The instant real estate is the previous record and answer of seven parcels, and its total area is 13,471 square meters, and the area of the land to be divided to A and AM is 4.9 square meters when divided according to the co-ownership ratio.
③ On April 10, 2015, with respect to the share of Defendant K among co-owners, a right to collateral security of KRW 130,000,000 is established for the maximum debt amount with the mortgagee-mortgage as a cooperative.
Meanwhile, according to the ordinances of Chuncheon City where the instant real estate is located, where land is divided without obtaining permission or authorization under the relevant statutes, the land in the management area shall be at least 60 square meters after the division.
According to these facts, it is impossible to divide the ratio of co-ownership of the designated parties A and AM into the ratio of shares, which is less than the size of division restriction. However, although the Defendants may divide all or part of the designated parties into the method of compensating for the price by holding the designated parties' shares and compensating for the damages, it is part of the price desired by the Plaintiff (designated parties).