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1. The amount of money remaining after the sale price is deducted from the auction cost by selling the F 2,983 square meters in the Jeon Chang-gun, Jeon Chang-gun.
Reasons
1. Facts of recognition;
A. The Plaintiff and Defendant C own 3/9 shares among the 2,983m2 in the 2,000m2 (hereinafter “instant real estate”), each of the 3/9m2 in the 2,000m2 (hereinafter “instant real estate”), Defendant D owns 1/9 shares out of the said real estate, and Defendant E owns 2/9 shares
B. On June 7, 1996, the real estate in this case is farmland for which arable land rearrangement projects are completed, which is a kind of agricultural production infrastructure rearrangement projects under the Rearrangement of Agricultural and Fishing Villages Act.
C. There is no agreement between the Plaintiff and the Defendants prohibiting the division of the instant real estate, and there was no agreement on the method of division of the instant real estate as of the date of closing of argument in the instant case
[Ground of recognition] Unsatisfy, entry of Gap 1-3 evidence, fact-finding results with respect to the Net Chang-gun, the purport of the whole pleadings
2. Determination
A. According to the above acknowledged facts, the Plaintiff, a co-owner of the instant real estate and the Defendants, did not reach an agreement on the method of partition of the instant real estate. Therefore, the Plaintiff may claim a partition of co-owned property in the court pursuant to Article 269(1) of the Civil Act.
B. The method of partition of co-owned property is, in principle, divided in kind, but the co-owned property may be divided according to auction only when it is not possible to divide it in kind or the value thereof may be reduced remarkably by division.
(Article 269(2) of the Civil Act provides that farmland for which a project for improving agricultural production infrastructure has been implemented under the Rearrangement of Agricultural and Fishing Villages Act shall not be divided, except where the area of each parcel is divided into more than 2,000 square meters after the division.
According to the above facts, the real estate of this case is farmland for which light rearrangement, which is a kind of agricultural production infrastructure rearrangement project under the Rearrangement of Agricultural and Fishing Villages Act on June 7, 1996, has been completed. Considering its size and the ratio of shares of the plaintiff and the defendants, it is impossible to divide it into the plaintiff and the defendants so that it can be more than 2,00 square meters.
The real estate of this case is Article 22 (2) of the Farmland Act.