beta
Text
1. The plaintiff shall sell the answer 3,326 square meters in Kuju-si to auction and deduct the auction cost from the price.
Reasons
1. Basic facts
A. The Plaintiff and the Defendants shared the instant land at the ratio of 1/3, respectively.
B. On January 30, 2006, E completed the registration of each claim for transfer of shares on the ground of trade reservation on September 7, 2006 with respect to the part of Defendant B’s share on the instant land, and F on January 30, 2013 with respect to the part of Defendant B’s share on the same day.
C. Part of the instant land is connected with the main road in an irregular form, and approximately 1/4 area north is designated as a livestock breeding restriction zone and the use of land is limited.
Until the date of closing the argument in this case, no agreement was reached between the Plaintiff and the Defendants on the method of dividing the land in this case.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1 (including branch numbers if any), the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, the Plaintiff, a co-owner of the instant real estate, may file a lawsuit against the Defendants, who are other co-owners, in accordance with Article 269(1) of the Civil Act.
(b) If the co-owned property is divided by one trial on the method of partition of co-owned property, in principle, by dividing it in kind, in kind, or if it is impossible to divide it in kind or in kind, or if the value thereof might be reduced remarkably, an auction of the co-owned property may be ordered to be paid in installments;
Here, the requirement of "undivided in kind" includes cases where it is physically impossible to divide the article in kind, as well as cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, current use, value of use after the division.
In addition, the part that can be owned independently by the in-kind division, even if the co-owner is a person, if the value of the division is likely to be significantly reduced.