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1. The plaintiff shall sell the 316 square meters away from the proceeds of the auction to the auction of the 316 square meters of the D-si of the racing.
Reasons
1. Basic facts
A. The Plaintiff and the Defendants shared 1/2 of the Plaintiff, and the Defendants shared 1/4 shares of each of the 1/4 shares of D-road 316 square meters (hereinafter “instant real estate”).
B. The Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant real estate.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 3, the purport of the whole pleading
2. Determination
A. Co-owners may file a claim for partition of co-owned property (the main sentence of Article 268(1) of the Civil Act). If a consultation as to the method of partition does not lead to an agreement, co-owners may file a claim for partition with the court. If it is impossible to divide it in kind or the value thereof is likely to decrease remarkably due to the division, the court may order auction of the property (Article 269 of the Civil Act). Accordingly, the Plaintiff, co-owners, as co-owners, may file a claim for partition against the Defendants, who are other co-owners, pursuant to the main sentence of Article 268(1) and Article 269 of the Civil Act
B. The partition of co-owned property by one trial on the method of partition shall be, in principle, made in kind or in kind, impossible or in form.
Even if the price of the article jointly owned is likely to be reduced remarkably due to it, the auction is ordered pursuant to Article 269(2) of the Civil Code and the price is divided. The price of the article substantially reduced due to the in-kind division is not only the case where the exchange value of the article jointly owned is significantly reduced due to the in-kind division but also the case where the share price of the article to be owned by the owner is significantly reduced considerably due to the in-kind division as well as the case where the share price of the article to be owned by the owner is not fair.