공유물분할
1. The amount remaining after deducting the auction expenses from the proceeds of the sale by selling the real estate listed in the annexed list 4 to an auction;
1. Co-owned property partition claim
A. Recognizing the facts of recognition 1) Attached 4 (hereinafter “instant building”)
) The Plaintiff (Appointeds) and the Appointeds (hereinafter “Plaintiffs”) are referred to as “Plaintiffs”).
(2) There is no partition prohibition agreement between the Plaintiffs and the Defendants, and there was no agreement on the partition method of the instant building. The Defendants did not reach an agreement on the partition method of the instant building.
[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 through 6 (including virtual numbers), and the purport of the whole pleadings
B. According to the above facts of determination, the Plaintiffs, co-owners of the instant building, may file a claim against the Defendants, who are other co-owners, for the partition of the instant building, which is jointly owned pursuant to Article 269(1) of the Civil Act.
2. 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 it is anticipated that its value will be significantly reduced, the auction of the article 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 the article in kind in light of the nature, location, area, utilization status, use value after the division, etc. of the jointly-owned property in light of the nature, location, and use value after the division.
(See Supreme Court Decision 2009Da40219, 40226 Decided September 10, 2009, etc.). In order to establish sectional ownership of one building, there is an objective physical and physical aspect that exists one building, and there is a separate act that intends to divide the physically partitioned part of one building into the object of sectional ownership (see, e.g., Supreme Court Decision 98Da35020, Jul. 27, 199). In order to establish sectional ownership of one building, there is an objective and physical aspect of the building, and the divided part of the building should be independent in terms of structural use and use of the building.