공유물분할
1. The remaining money after deducting the expenses for the auction from the proceeds of the sale by selling the real estate listed in the annex 1 list;
1. Facts of recognition;
A. The land indicated in the separate sheet No. 1 (hereinafter “instant land”) was jointly owned by the Plaintiff, Defendant B, C, and Nonparty H as their respective shares of 1/4. However, in around 2012, H died. Defendant D, E, F, and G, the inheritor, inherited the said shares according to the inheritance ratio, and finally, the Plaintiff and the Defendants shared the instant land as the shares indicated in the separate sheet No. 2.
B. There was no agreement between the Plaintiff and the Defendants that the jointly owned property should not be divided, and there was no division agreement.
[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Determination
A. According to the above facts acknowledged, the plaintiff can claim the partition of co-owned property as to the land of this case against the defendants who are other co-owners of the land of this case.
B. In principle, partition of co-owned property by a trial on the method of partition of co-owned property shall be made in kind as long as a reasonable partition can be made according to the share of each co-owner. However, if it is impossible to divide in kind or it is possible in form, if the price might be reduced remarkably due to the possible cause, the auction of the co-owned property shall be ordered to divide the price by the method of payment.
The requirement that a "in-kind can not be divided" in the price division is not a physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide the property in kind in light of the nature, location, area, utilization status, use value after the division, etc. of the common property.
Although it is formally possible to divide in kind.
Even if the location, area, and surrounding road conditions, use value, price, share ratio of each co-owner's ownership, and use and profit-making status of the co-owner, if it is not possible to be divided equally according to the share ratio of each co-owner, it shall be done in kind.