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1. The remainder after deducting the auction expenses from the price shall be attached to the auction sale of H 2,959 square meters in Nam-si, Namyang-si.
Reasons
Facts of recognition
The Plaintiffs and the Defendants shared the area of 2,959 square meters (hereinafter “instant land”) in proportion to each owner’s shares listed in the separate list of co-owners at Namyang-si, Namyang-si. The fact that the Plaintiffs and the Defendants did not reach an agreement on the method of dividing the instant land by the date of closing the pleadings of this case is either not in dispute between the parties, or that the agreement on the method of dividing the said land by the Plaintiffs and the Defendants was
2. Determination
A. According to the above facts of recognition, the Plaintiffs, co-owners of the instant land, may file a claim against the Defendants, who are other co-owners, for the partition of land pursuant to Article 269(1) of the Civil Act.
B. Furthermore, we examine the division method of the instant land.
In general, the division of co-owned property by judgment is in principle made in kind as long as it is possible to make a reasonable division according to the share of each co-owner. However, if it is impossible to divide it in kind or if it is anticipated that the value will be reduced remarkably, an auction may be made in installments. Here, the term "where it is impossible to divide it in kind" is not physically strict interpretation, but it shall include cases where it is difficult or inappropriate to divide it in kind in light of the nature, location and size of the co-owned property, the situation of its use, the use value after the division, etc., and it shall include cases where it is difficult or inappropriate to divide it in kind, and it shall also include cases where even a co-owner's co-owner's act of dividing it in kind may cause a decrease significantly compared to the share value before the division.
(see, e.g., Supreme Court Decisions 91Da27228, Nov. 12, 1991; 2002Da4580, Apr. 12, 2002). In light of the evidence No. 9, the instant land is a natural green belt in a development-restricted area.