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1. The remainder of the money obtained by selling 1,550 square meters of F Forest land at the time of Incheon to sell at an auction and deducting the auction expenses from the proceeds of sale; and
Reasons
1. The Plaintiff and the Defendants shared the share of 1,550 square meters of F forest land in Ycheon-si (hereinafter “instant real estate”) in the proportion of each relevant co-owned share indicated in the “share sheet” column.
There was no agreement between the Plaintiff and the Defendants on the method of dividing the instant real estate.
[Reasons for Recognition] Defendant C: Statement of Evidence No. 1, Defendant D, the purport of the whole pleadings, and Defendant D: deemed as confession
2. Determination
A. According to the above facts acknowledged as above, the Plaintiff, a co-owner of the instant real estate, may file a claim for partition against the Defendants, who are other co-owners, pursuant to Articles 268(1) and 269(1) of the Civil Act.
B. In the case of dividing the co-owned property through a trial, if it is impossible to divide it in kind or if it is possible to divide it in kind, the auction of the property can be ordered if the value might be significantly reduced. Here, the requirement is not physically strict interpretation, and it includes cases where it is difficult or inappropriate to divide it in kind in light of the nature, location, size, utilization situation, use value after the division, etc. of the co-owned property, and it includes cases where it is difficult or inappropriate to divide it in kind." If the co-owner divides it in kind, it includes cases where the value of the portion to be owned independently by the spot division might be significantly reduced compared to the share value of the property before the division. (See Supreme Court Decision 2009Da40219, 4026, Sept. 10, 2009). In light of the evidence and the purpose of each of the co-owner's use of the real property in kind, the proportion of the share after the division in kind or the purpose of the whole co-owner's use of the real property in kind.