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1. The amount remaining after selling 3,519.9 square meters in G field in Chungcheongnam-gun for auction to be the remainder after subtracting the auction cost from the price.
Reasons
1. In full view of the purport of the entire pleadings in the statement Nos. 1 and 3 as to the establishment of the right to partition of co-owned property, the Plaintiff owns 28/231 shares, Defendant B’s shares, Defendant C’s share 28/231 shares, Defendant D/231 shares, Defendant D/231 shares, and Defendant F did not reach an agreement on the method of partition between the Plaintiff and the Defendants. As such, the Plaintiff may file a claim against the Defendants for partition of the instant land according to his/her co-ownership share.
2. The method of partition of co-owned property shall, in principle, be divided in kind, but the court may order an auction of things, if it is impossible to divide in kind or if the value thereof might be reduced remarkably in kind;
(See Article 269(2) of the Civil Act. Here, the requirement that “it shall not be divided in kind” does not physically strict interpretation, but includes cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, circumstances of use, value of use after the division, etc. of the article jointly owned, in light of the nature, location, area
(2) In the case of a co-owner's in-kind, "if the value of the property is likely to decrease substantially if the property is divided in kind" also includes where the value of the property to be owned by the sole owner is likely to decrease significantly more than the value of the property before the division.
(See Supreme Court Decision 2009Da40219, 40226 Decided September 10, 2009, etc.). The following circumstances are that: (a) the instant land is farmland in which agricultural infrastructure improvement projects are performed and its size is 2,00 square meters and its size cannot be divided in principle pursuant to Article 22(2) of the Farmland Act; and (b) the head of Si/Gun granting authority is farmland in which the instant land cannot be divided.