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1. The sale price shall be calculated by deducting the expenses for the auction from the sale price, which is calculated by selling at an auction a road of 3,876 square meters in Busan-gu; and
Reasons
1. Facts of recognition;
A. The Plaintiffs and the Defendants shared share of 3,876m2 (hereinafter “instant land”) in the proportion of co-ownership indicated in the separate sheet, which is located in the Busan-gu AA road (hereinafter “instant land”).
B. The Plaintiffs and the Defendants did not reach an agreement on the method of dividing the instant land.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination:
A. According to the above acknowledged facts, the plaintiffs and the defendants shared the land of this case, and the parties did not reach an agreement on the method of partition of the land of this case. Thus, the plaintiffs can file a claim for partition of co-owned property against the defendants as to the land of this case, which is jointly owned by their co-ownership.
B. The method of partition of co-owned property (1) shall be, in principle, divided in kind or in kind, if it is impossible to divide in kind, or even if it is possible in form, if the price is likely to decrease substantially, the auction of the co-owned property and the method of the so-called price division to divide the price. Here, the price decrease substantially due to the in-kind division shall include not only the case where the exchange value of the co-owned property is significantly reduced due to the in-kind division but also the case where the value of the part to be owned independently by the co-owner is significantly decreased compared to the share price in the co-owned property before the partition of co-owned property as well as the case where the co-owner's share is not fair division. Thus, even if it is possible in kind, the share price of each co-owner can not be divided in kind, considering the location, area and surrounding situation of the co-owned property, use value, price, share ratio of co-owner's share and the situation of use and profit-making.