공유물분할
1. The amount remaining after 2,220.1m2 is put up for auction at the Chungcheongnam-gun budget-gun, Chungcheongnam-gun, and the auction cost is deducted from the price.
1. The Plaintiff and the Defendants shared the share of 1/3 shares, respectively, in D 2,220.1 square meters (hereinafter “instant land”) in Chungcheongnam-gun budget-gun, Chungcheongnam-gun, Chungcheongnam-gun.
The land of this case is the land, the adjustment of which was completed around October 6, 199.
The Plaintiff and the Defendants did not reach an agreement on the division of the instant land.
[Ground of recognition] Facts without dispute, Gap 1 through 3, purport of the whole pleadings
2. According to the above facts of determination, the Plaintiff is entitled to seek a partition against the Defendants as co-owners of the instant land. In the instant land, the land for which light land rearrangement has been completed falls under the farmland for which a project for building and expansion of agricultural infrastructure has been implemented under Article 2-5-b) of the Rearrangement of Agricultural and Fishing Villages Act (Article 2-2(2)3 of the Farmland Act. If the area of each parcel after partition does not exceed 2,000 square meters, it shall not be divided. However, if the instant land is divided by co-ownership, it is obvious that the area of the land after subdivision does not exceed 2,00 square meters. Thus, it is inappropriate to divide the instant land in kind.
Therefore, it is reasonable to divide the remaining amount of the land of this case after being put up for an auction and deducting the auction cost from the price in accordance with the share ratio to the plaintiff and the defendant.