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1. The Plaintiff shall sell the H 1,425 square meters in Chungcheongnam-gun, Chungcheongnam-nam, for auction, and the remainder which remains after deducting the auction cost from the price.
Reasons
According to the purport of Gap evidence Nos. 1 and 2 as well as the whole pleadings, the plaintiff among H 1,425 square meters (hereinafter "the land in this case"), 30/150 shares, 5/150 shares, 5/150 shares, 20/150 shares, 58/150 shares, 58/150 shares, 12/150 shares, and 12/150 shares, 58/150 shares, and 12/150 shares among the plaintiff and the defendants, the plaintiff may file a claim against the defendants for the division of the land in this case according to his co-ownership.
In principle, the method of partition of co-owned property shall be divided in kind, but if it is impossible to divide in kind or the value thereof is likely to decrease remarkably in the division, the court may order auction of the property.
(See Article 269(2) of the Civil Act. Here, the requirement that “it shall not be divided in kind” does not physically strict interpretation, but includes cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, circumstances of use, value of use after the division, etc. of the article jointly owned in question.
(2) In the case of a co-owner's in-kind, "if the value of the property is likely to decrease substantially if the property is divided in kind" also includes where the value of the property to be owned by the sole owner is likely to decrease significantly more than the value of the property before the division.
(See Supreme Court Decision 2009Da40219, 40226 Decided September 10, 2009, etc.). As to the instant case, each description or image of the health room, Gap evidence Nos. 1, 3, and 4 may be comprehensively considered to the purport of the entire pleadings, namely, the following circumstances, ① Bonds Nos. 1 and one annexed building, which appear to be a house, exist in the form of "a" and the remainder of the land except each building site, is used as mail, warehouse, etc.