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The amount of 591m2 prior to the port of port shall be sold to an auction and the amount remaining after deducting the auction cost from the price.
Reasons
Summary and Determination of Cases
A. The land indicated in the Disposition No. 1 (hereinafter “instant land”) is jointly owned by the Plaintiff 30/591, and the Defendant 561/591 shares the land at 30/591 shares. The fact that no agreement was reached between the Plaintiff and the Defendant on the method of dividing the instant land does not conflict between the parties.
(b) If the agreement on the method of partition is not reached, co-owners may request the court to divide the article jointly owned by themselves, and the division of the article jointly owned by the court shall, in principle, be made in kind as long as it is possible to make a reasonable partition according to the share of each co-owner, but it shall not be made in kind.
The requirement is not physically strict interpretation, and it includes cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, use status, and use value of the article jointly owned, and it also includes cases where the value of the article to be owned independently by the division in kind is likely to be significantly reduced if the article is divided in kind, even if the co-owner's one is a co-owner's one. (See Supreme Court Decision 2002Da4580 delivered on April 12, 2002).
Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 2 and 3, Eul evidence Nos. 1 and Eul evidence Nos. 1, the location, shape, etc. of the land of this case is acknowledged as being included in the D Housing Redevelopment Improvement Project Zone, and further, if the land of this case is divided in kind, it is likely that the use value or value may decline because the area corresponding to the plaintiff's share might be narrow.
In light of the fact that the land in this case is difficult or inappropriate to divide in kind, it is deemed fair and reasonable to divide the price into the land in this case.
2. According to the conclusion, the instant land is put up for auction.