beta
Text
1. The F 4,00 square meters of the window of Changwon-si shall be put to an auction and the remainder after deducting the auction cost from the price.
Reasons
1. Facts of recognition;
A. The Plaintiff currently shares 2/11, 2/11, 2/11, 2/11, 2/11, 2/11, 3/11, and 3/11 of the window of Changwon-si, Changwon-si (hereinafter “instant real estate”).
B. The Plaintiff requires the Defendants to divide the instant real estate. It is impossible to divide the instant real estate into a size not exceeding 2,00 square meters as farmland for which a project for improving agricultural production infrastructure under Article 22(2) of the Farmland Act was implemented (in the event that the instant real estate is divided according to the ratio of shares of the Plaintiff and the Defendants, it is apparent that each ownership area does not exceed 2,00 square meters if it is divided into the area according to the ratio of shares of the Plaintiff and the Defendants). (2) The farmland for which a project for improving agricultural production infrastructure under the Rearrangement of Agricultural and Fishing Villages Act was implemented is not subdivided except in any of the following cases:
3. If each parcel after the division is divided into more than 2,00 square meters, it is difficult for the Plaintiff and the Defendants to have a different opinion on the division method.
[Ground of recognition] Evidence A Nos. 1 through 3, Evidence A No. 2, fact-finding inquiry reply to the head of the original office of this court, and the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, the Plaintiff sharing the instant real estate and the Defendants did not reach an agreement on the method of partition. Therefore, the Plaintiff, a co-owner, may file a claim against the Defendants, who are other co-owners, for the partition of the instant real estate.
B. As a matter of principle, partition of co-owned property by trial on the method of co-owned property shall be conducted in kind as long as a reasonable partition can be made according to shares of each co-owner, but the requirement that “shall not be divided in kind,” is not physically strict interpretation. In light of the nature, location or size of the co-owned property, utilization situation, and use value after division, etc.