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1. The plaintiff, the plaintiff, and the remaining amount after deducting the auction cost from the proceeds of the sale, by selling the area of 2,202 square meters in the Gu and Si/Gu.
Reasons
1. Basic facts
A. The Plaintiff and the Defendants shared 1/4 shares of each of the 2,202 square meters (hereinafter “instant real estate”) before Gu, Si, Gu, Si, E (hereinafter “instant real estate”).
B. No agreement was reached between the Plaintiff and the Defendants regarding the method of dividing the instant real estate until the closing date of the instant argument.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Determination
A. In light of the above facts of recognition, the Plaintiff, a co-owner of the instant real estate, may claim a partition of the instant real estate against the Defendants, who are other co-owners, pursuant to Article 269(1) of the Civil Act.
B. In principle, the partition of co-owned property by judgment shall be made by the method of in-kind division as long as a reasonable partition can be made according to the shares of each co-owner. However, even if it is impossible in-kind or possible in-kind, if the price might be reduced remarkably due to the auction of the co-owned property, the so-called price division shall be made by ordering the auction of the co-owned property and by dividing the price. However, in the price division, the requirement that "it may not be divided in-kind" is not physically strict interpretation. It includes cases where it is difficult or inappropriate to divide in-kind division in light of the nature, location, area, use situation of the co-owned property, use value after the
I would like to say.
(2) In light of the above legal principles, the real estate of this case is difficult or inappropriate to divide in kind, taking into account the following circumstances: (a) the real estate of this case is not connected to the road; (b) the real estate of this case is not connected to the road; (c) the real estate of this case appears difficult to draw a spot partition with the consent of all the parties; and (d) the possibility of future use, etc., the real estate of this case is a case where it is difficult or inappropriate to divide in kind.
Therefore, the real estate of this case is put to an auction and the auction cost is deducted.