공유물분할
1. The amount of money remaining after deducting the expenses for auction from the proceeds of the sale by selling the 2,006m2 to the auction of the Gyeongcheon-gun, Chungcheongnamcheon-gun.
1. Facts of recognition;
A. The Plaintiff and the Defendant jointly own the 1/2 share of 1/2 shares, respectively, the 2,006 square meters (hereinafter “instant land”).
B. The instant land is farmland for which an agricultural infrastructure improvement project under the Rearrangement of Agricultural and Fishing Villages Act was implemented in 1996.
C. The Plaintiff and the Defendant did not reach an agreement on the division of the instant land until the closing date of the instant pleadings.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, fact-finding results of this court's fact-finding, the purport of the whole pleadings
2. Determination
A. According to the above recognition facts, the Plaintiff, a co-owner of the land of this case, may file a claim for partition against the Defendant, who is another co-owner, pursuant to Article 269(1) of the Civil Act.
B. As a matter of principle, division of co-owned property in kind is to be made in a manner that makes it possible to make a rational partition according to each co-owner's share. However, the requirement that division in kind is not physically strict. It includes cases where it is difficult or inappropriate to divide in kind in light of the nature of the co-owned property, location, size, utilization situation, use value after the division, etc. In addition, it includes cases where the value of the portion to be owned by the co-owner may be considerably reduced if the division in kind is made in kind. It also includes cases where even if the co-owner's share is made, the value of the portion to be owned by the co-owner in kind may be considerably reduced compared to the share value before the division (see, e.g., Supreme Court Decision 2002Da4580, Apr. 12, 2002). Article 22 of the Farmland Act provides that farmland where an agricultural infrastructure improvement project is implemented may not be divided unless the size of each parcel after the division exceeds 2,00 square meters.
However, the land of this case is an agricultural infrastructure improvement project in accordance with the Rearrangement of Agricultural and Fishing Villages Act.