Text
1. The remainder of the sale price calculated by deducting the auction cost from the sale price shall be put up for an auction with the area of 1587 square meters in Yong-gun, Chungcheongnam-gun.
Reasons
1. The Plaintiff and the Defendants shared 1/4 shares of each of the real estate stated in the order, and the fact that the agreement on the method of partition was not reached between the Plaintiff and the Defendants by the date of the closing of argument does not exist.
Therefore, pursuant to Article 269(1) of the Civil Act, the Plaintiff, a co-owner of the above real estate, may request the remaining co-owners to divide the pertinent real estate jointly owned by the Defendants.
2. Method of partition of co-owned property;
(a) In the case of dividing the article jointly owned by a trial due to a lack of consultation on partition of the article jointly owned by related laws, in principle, by dividing it in kind, or by dividing it in kind, or by dividing it in kind, if it is impossible to divide it in kind or if the value of it might be significantly reduced, the court may order
(Article 269(2) of the Civil Act provides that the requirement that a subdivision in kind shall not be physically strict, but shall include cases where it is difficult or inappropriate to divide in kind in light of the nature, location, area, utilization status, and the use value of the article jointly owned in kind after the subdivision, not physically strict interpretation.
I would like to say.
B. (See, e.g., Supreme Court Decision 2002Da4580, Apr. 12, 2002).
In the instant case, Article 22(2)3 of the Farmland Act provides that the farmland shall not be divided, except where the area of each parcel after the division is divided into more than 200 square meters. Since the area of the said real estate is less than 200 square meters, the said real estate shall not be divided in kind.
Therefore, it is reasonable to divide the sale price of the above real estate through the auction.
3. Conclusion order ordering the plaintiff and the defendants to distribute the remaining amount after deducting the auction cost from the proceeds of the sale by selling the above real estate at an auction, according to their shares of co-ownership. The plaintiff's claim is justified and it is so decided as per Disposition.