Text
1. The real estate listed in the separate sheet No. 1 shall be put to an auction and the proceeds of the auction shall be deducted from the proceeds of the auction;
Reasons
1. According to the evidence Nos. 1 and 2 as to the claim for partition of co-owned property, the Plaintiff and the Defendants, as co-owners of each of the lands listed in the separate sheet No. 1 (hereinafter “each of the lands of this case”) are co-owners of each of the lands listed in the separate sheet No. 2. The facts that the agreement on the method of partition of each of the lands of this case between the Plaintiff and the Defendants did not reach an agreement on the method
Therefore, pursuant to Article 269(1) of the Civil Act, the Plaintiff, a co-owner of each land of this case, has the right to claim the partition of each land against the Defendants, other co-owners.
2. According to the fact-finding reply by the court as to the method of partition of co-owned property, each of the instant lands can be recognized as being designated as a green belt area (d) among the “urban areas” stipulated in Article 36(1)1 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).
Meanwhile, according to Article 56(1)4 of the National Land Planning and Utilization Act and Article 51(1)5(a) of the Enforcement Decree thereof, the division of land conducted without obtaining permission, authorization, etc. under the relevant Acts and subordinate statutes within a green area shall be subject to permission from the Special Metropolitan City Mayor, Metropolitan City Mayor, or the head of a Si/Gun (hereinafter “person entitled to permission for development acts”). Subparagraph 2(d)(1) of attached Table 1-2 of the Enforcement Decree of the National Land Planning and Utilization Act delegated to establish detailed standards for permission for development activities pursuant to Article 58(3) of the National Land Planning and Utilization Act shall be divided into “where land is subdivided within a green area without obtaining permission, permission, etc. under related Acts and subordinate statutes, the division of land shall be more than the size stipulated by urban and Gun planning ordinance (Ordinance No. 2573 of Gyeong-do, Gyeong-do).”