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1. The Plaintiff shall sell the I Forest Land of 937 square meters at auction in Chungcheongnam-si and the remainder which remains after deducting the auction expenses from the price.
Reasons
1. Determination as to the cause of claim
A. The Plaintiff and the Defendants shared the real estate listed in the Disposition No. 1 (hereinafter “instant land”) according to the co-ownership shares as indicated in the separate sheet. The fact that there was no agreement between the parties as to the method of partition before the instant lawsuit was filed, and the fact that there was no agreement prohibiting partition as to the said land does not exist between the parties, or that there was no agreement prohibiting partition as to the said land, may be acknowledged by taking into account the purport of the entire pleadings in the statement No. 1
Therefore, the Plaintiff may request the court to divide the land of this case.
(b) Co-owned property partition by one trial on the method of partition shall be, in principle, by the method of spot partition, or by the method of spot partition, if it is impossible to divide it in kind or even if it is possible in form, if the price might be reduced remarkably due to such cause, by the auction of the co-owned property, by the method of dividing the price in kind;
"The price is significantly reduced due to the in-kind division" includes not only the case where the exchange value of the whole 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 due to the in-kind division is significantly reduced compared to the share value in the co-owners before the partition of co-owned property.
Therefore, even if it is possible to divide the article in kind formally, if it is not possible to divide the article in kind according to the ratio of shares of each co-owner in consideration of the location, area and surrounding roads, use value, price, ownership share ratio of co-owner and use and profit-making status of each co-owner, it is not necessary to divide the article in kind, but to divide the article jointly owned by the method of payment in kind.
In addition, co-owned land is subject to co-ownership ratio.