공유물분할
1. The sales price shall be the remainder after deducting the auction cost from the sales price, which is set up at an auction with the 307 square meters wide prior to the Gangwon-do Incheon Metropolitan City.
The Plaintiff and the Defendant co-ownership of 307 square meters (hereinafter “instant land”) prior to Gangwon-gun, Gangwon-do (hereinafter “instant land”). ( Plaintiff 864/108, Defendant 144/1008, and Defendant 144/1008), while the Plaintiff demanded the Defendant to divide the instant land, the Plaintiff and the Defendant did not reach an agreement on the method of division between the Plaintiff and the Defendant until the date of closing the pleadings in the instant case.
Since the Plaintiff, a co-owner of the instant land, and the Defendant did not reach an agreement on the land division method, the Plaintiff may file a judicial claim against the Defendant for the division of the instant land pursuant to Article 269(1) of the Civil Act.
We examine the method of partition of co-owned property.
The following circumstances, which can be recognized by comprehensively taking account of the entries in Gap evidence Nos. 1, 2, and 3 and the purport of the entire pleadings, are as follows: (i) the plaintiff, who was sold the share in the land of this case at the auction procedure, intended to negotiate with the defendant about the division; (ii) the defendant was unable to appear at one time on the date for pleading of this case; and (iii) the defendant did not present any opinion about the partition of co-owned property; and (iv) in light of the shape of the land of this case, each owner is likely to decrease the value of the real estate after the division; and (iv) the land of this case seems not easy to divide it in kind in kind; and (v) the size, location, and use of the land of this case is difficult or inappropriate to divide it in kind, and it is reasonable to divide it by means of price division
Therefore, it is so decided as per Disposition by the assent of all participating Justices on the bench that the remaining amount of the land of this case, which was put up for an auction and deducted from the auction cost, shall be distributed in proportion to