공유물분할
1. The sale price shall be the remainder after the sale price is deducted from H 3,328 square meters, which shall be put up for an auction at the Masan-si, Changwon-si.
1. In full view of the purport of the entire pleadings in the statement No. 1 as to the claim for partition of co-owned property, the Plaintiff and the Defendants shared co-ownership of each of the co-ownership indicated in the order as to H 3,328 square meters (hereinafter “instant land”). It is recognized that the Plaintiff and the Defendants did not have any sectional consultation as to the instant land.
Therefore, pursuant to Article 269(1) of the Civil Act, the Plaintiff, a co-owner of the instant land, may request the Defendants, who are other co-owners, to divide the instant land.
2. The partition of co-owned property, in principle, can be divided in kind or in kind even if it is possible in form, if the price is likely to decrease substantially as a result, the auction of the co-owned property pursuant to Article 269(2) of the Civil Act shall be made in installments. The price of the co-owned property so reduced substantially due to the in-kind division as well as the case where the exchange value of the whole co-owned property is considerably reduced considerably due to the in-kind division as well as the case where the co-owner's share in the co-owned property is reduced remarkably more substantially than the share in the co-owned property, even if the co-owned property is not divided in kind. Thus, even if the in-kind division is possible in kind, the share in the co-owner's share in the co-owned property can not be divided in kind, it shall be determined in kind by 194,196.