지료청구 및 공유물분할
1. The amount of real estate stated in the separate sheet shall be put to an auction and the remainder after deducting the auction cost from the price shall be attached;
1. Basic facts
A. The Plaintiff, the Defendants, the Defendant (Appointed Party), and the designated parties share the real estate listed in the separate sheet (hereinafter “instant real estate”) according to the share ratio indicated in the separate sheet.
B. The Plaintiff, the Defendants, the Defendant (Appointed Party), and the designated parties did not reach an agreement on the division of the jointly owned property up to now.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 9 and 10, the purport of the whole pleadings
2. The Plaintiff, a co-owner of the instant real estate, may file a claim against other co-owners for partition of the instant land, which is jointly owned pursuant to Article 269(1) of the Civil Act.
3. Method of partition of co-owned property;
(a) In the case of dividing the jointly-owned property by trial, if it is impossible to divide it in kind or if the value of the property is likely to be significantly reduced, the auction of the property may be ordered, and in this case, it shall not be physically strictly interpreted, but it shall include cases where it is difficult or inappropriate to divide it in kind in light of the nature, location, area, utilization status, use value after the division, etc. of the jointly-owned property.
(See Supreme Court Decision 2009Da40219, 40226 Decided September 10, 2009, etc.) B.
The following circumstances, which can be seen by comprehensively taking account of the overall purport of the pleadings on the images of Gap evidence Nos. 2, 3, and 9 and the overall purport of the pleadings, i.e., ① it is difficult to determine the method of spot-sale to satisfy all in consideration of the size of the land and the current status of the use due to the illegal block used as a answer. ② In the event that the area of the instant real estate is divided into 55 square meters in kind, the area according to each share ratio of the defendant (appointed party) and the designated parties is 37 square meters, the area according to each share ratio of the defendants C and D is 5.5 square meters, and ③ there is no conflict of interest among the defendants, and thus part of the defendant is auctioned.