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1. In Jeju-si, the remaining amount of 3370 square meters prior to G is put to an auction and the auction cost is deducted from the price.
Reasons
Facts of recognition
A. As of the date of the closing of argument in the instant case, the Plaintiff and Defendant E own each 1/3 shares, Defendant B, C, and D, respectively, 1/6 shares as of the date of the closing of argument in the instant case.
B. The consultation on the method of dividing the instant land was not constituted.
C. The right to collateral security was established as to the Plaintiff’s share of the maximum debt amount, and the H cemetery 83 square meters is located within the instant land.
[Reasons for Recognition] Facts without dispute, entries in Gap 1, 3, and 4 (including virtual numbers), and the purport of the whole pleadings
A. Co-owners of the real estate jointly owned may at any time claim the partition of the co-owned property against other co-owners (Article 268(1) of the Civil Act). As seen earlier, the Plaintiff, a co-owner of the land of this case, is entitled to claim the partition of the land of this case against the Defendants, who are the remaining co-owners, unless there are special circumstances.
B. As a matter of principle, the division of the co-owned property by the trial method (1) is to be carried out in kind as long as it is possible to make a reasonable division according to the share of each co-owner. It is possible to divide the property in kind or in kind only when the value of the property is likely to be significantly reduced if it is impossible to divide it in kind or in kind. In the payment, the requirement that “it is not possible to divide it in kind” is not physically strict interpretation. It includes the case where it is difficult or inappropriate to divide it in kind in light of the nature, location, area, use status, and use value after the division, etc. of the co-owned property.
In addition, the value of the portion to be owned independently by the in-kind division, even if the co-owner's act is a co-owner's act of dividing it in kind.