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1.The judgment of the first instance, including any claims added in the trial, shall be modified as follows:
Ulsan Nam-gu C.
Reasons
1. The plaintiffs and Defendants shared each of the lands of this case as stated in the separate sheet No. 1 through No. 5, and it is evident in the record that there was no dispute between the parties, and there was no agreement as to the partition of co-owned properties of each of the lands of this case. Thus, the plaintiffs have the right to claim a partition of co-owned properties against the defendants based on
The Defendants asserted that the Plaintiffs cannot seek a partition of co-owned property as they did not have the right to use, profit from, and dispose of each land of this case, but there is no ground to recognize it.
2. In the case of dividing the jointly-owned property through a trial on the method of partition of co-owned property, if it is impossible to divide it in kind or if it is apprehended to substantially decrease its value, the auction of the property may be ordered to divide it in kind, and the requirement of "not to divide it in kind" shall not be physically strict interpretation, but shall include the case where it is difficult or inappropriate to divide it in kind in light of the nature, location, size, utilization situation, use value after the division, etc. of the jointly-owned property in kind;
The phrase "if the value of the portion is likely to be reduced remarkably if it is divided in kind" includes the case where, even if a co-owner is a person, the value of the portion to be owned by him/her is likely to be reduced significantly than the value of the share before the division.
(See Supreme Court Decision 2009Da40219 Decided September 10, 2009, etc.). However, comprehensively taking account of each of the statements or images set forth in evidence Nos. 6, 7, and Nos. 4-1, 2, and 3 of evidence Nos. 4-1, 3, each of the instant lands is a self-invested land remaining after containing a petroleum chemical plant within a petroleum chemical complex among G State industrial complexes, whichever D is currently used as a road for the above petroleum chemical complex, and C and E are land categoryed as an irregular land.