공유물분할
1. The plaintiff shall sell each real estate listed in the separate sheet to an auction and deduct the auction cost from the proceeds.
Basic Facts
A. The Plaintiff and the Defendants shared each real estate listed in the separate sheet (hereinafter collectively referred to as “each of the instant real estate”) at the ratio of shares in the Plaintiff, Defendant C, and Defendant B1/2.
B. The Plaintiff and the Defendants did not reach an agreement on the division of each real estate of this case.
[Ground of recognition] Determination of the absence of dispute, Gap evidence Nos. 1 and 2 (including virtual numbers; hereinafter the same shall apply)
A. According to the facts, the Plaintiff may seek the division of each of the instant real estate against the Defendants pursuant to Article 269(1) of the Civil Act.
B. The partition of co-owned property by judgment shall be made by the method of spot partition, or by the method of spot partition, if it is impossible to divide it in kind or even if it is possible in kind, if the price might be reduced remarkably as a result thereof, if the auction of the co-owned property is ordered, and the price is divided.
Here, the price of the property is significantly reduced due to the in-kind division shall include not only the case where the exchange value of the whole property jointly owned is significantly reduced due to the in-kind division but also the case where the value of the part to be owned independently due to the in-kind division is significantly reduced compared to the share value in the ownership before the partition of co-owned property. Thus, even if the in-kind division can be formally made, if it is not possible in-kind division, the co-owned property should be divided by the method of in-kind division, not by the method of in-kind division, but also by the price division if the fair division cannot be made in accordance with the share ratio of each co-owner, considering the location, area and surrounding circumstances, use value, price, share ratio of co-owner's ownership and use and profit-making status, etc.
(See Supreme Court Decision 92Da30603 delivered on January 19, 1993, etc.). C.
Each entry, whole pleading, and evidence No. 1.