공유물분할
1. The sale price shall be the remainder of the E-road 725 square meters and the auction cost shall be deducted from the sale price.
1. The Plaintiff and the Defendants, who created the right to partition of co-owned property, shared each share of E-road 725 square meters (hereinafter “instant land”). The facts that the Plaintiff and the Defendants did not reach an agreement on the division of each of the instant land between the Plaintiff and the Defendants by the date of closing the argument in the instant case are deemed to have been led to confession between the parties, or acknowledged by the purport of each of the entries and arguments as stated in subparagraphs A and 3 and the whole pleadings
According to this, the Plaintiff, a co-owner of the instant land, may claim a partition of land under Article 269(1) of the Civil Act against the Defendants, who are the remaining co-owners.
2. The method of partition of co-owned property, and the method of partition by trial shall be, in principle, divided in kind as long as a reasonable partition can be made according to the co-owner's share. However, if it is impossible to divide in kind or in kind, or if it is possible to divide in kind, if the value might be significantly reduced, an auction may be ordered to divide in kind. In the payment, the requirement that "it may not be divided in kind" is not physically strict interpretation. It includes cases where it is difficult or inappropriate to divide in kind in light of the nature, location, size, use situation of the co-owned property, and the use value after the division.
(See Supreme Court Decision 2009Da40219, 40226 Decided September 10, 2009, etc.). Considering the following circumstances: (a) the instant land returned to the instant case; (b) the instant land is currently being used as a road; and (c) it is difficult to divide the instant land in kind; and (d) the Defendants did not present the method of in-kind division; and (b) are deemed to have not raised any special objection to the auction division, the instant land falls under cases where it is difficult or inappropriate to divide the instant land in kind; and therefore, (c) the sale of the instant land by auction, after selling it.