공유물분할
1. The real estate indicated in the Schedule 1, Schedule 2, and Table 3 shall be put at auction for sale and from the proceeds of the sale.
1. The facts under each of the facts under recognition do not conflict between the parties, or may be acknowledged by comprehensively considering the respective entries in Gap evidence 1 and 2 (including above pertinent branch numbers) and the overall purport of the pleadings, and there is no counter-proof.
Attached Form
The real estate indicated in the table 1, table 2, and table 3 (hereinafter the real estate in this case) is jointly owned by the Plaintiff and the Defendants concerned as indicated in the co-owners column of the above table. The co-ownership shares are the same as the shares corresponding to the co-ownership column of the above table.
B. The real estate in this case is a group of forests and fields forming mountain areas adjacent to the sea, and the above real estate and the roads and the surrounding environment are as follows:
(A) The outlined location of the above real estate is inside a yellow line, and red lines are M among the above real estate.
There is no agreement between the plaintiff and the defendants on the method of dividing the above real estate.
2. Determination
A. According to the above facts of recognition, the plaintiff and the defendants shared the real estate indicated in the indication column of the attached Tables 1, 2, and 3 at the corresponding proportion as co-owned share column. Since the agreement on the method of partition of the real estate of this case was not reached, the plaintiff may file a co-owned property partition claim against the defendants.
B. Furthermore, we examine the method of division.
In principle, the partition of co-owned property by a trial shall be made by the method of in-kind division as long as a reasonable partition can be made according to the share of each co-owner. However, even if it is impossible or possible in-kind, if the price might be reduced remarkably due to the auction of the co-owned property, the so-called price division shall be made by ordering the auction of the co-owned property to divide the price. However, in the price division, the requirement that "it may not be divided in-kind" is not physically strict interpretation, but is not physically strict. In light of the nature, location, area, situation of use, and the use value after the division.