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The plaintiff shall sell 1,322 m2m2 prior to Ischeon-si D to auction and deduct the expenses from the proceeds of the sale.
Reasons
In fact, the Plaintiff, the Defendant (Appointed Party), the designated parties, and the Defendant C shared the area of 1,322 square meters (hereinafter “instant land”) in proportion to the shares, such as the attached Table No. 1, 322 square meters (hereinafter “the instant land”), the Plaintiff, the Defendant (Appointed Party), the designated parties, and the Defendant C, did not reach an agreement on the method of dividing the instant land by the closing date of pleadings. The fact that there is no partition agreement on the instant land does not exist any dispute between the parties, or that it is recognized by taking into account the overall purport of the entry of the evidence No. 1 and
Judgment
According to the facts found above, the Plaintiff, a co-owner of the instant land, may file a claim for partition of the said land against the Defendant (Appointed Party), the designated parties, and the Defendant C, who are other co-owners, pursuant to Article 269(1) of the Civil Act.
In the case of dividing the jointly-owned property through a judgment on the method of partition of co-owned property, it is a principle that dividing the jointly-owned property in kind in proportion to the share of each co-owner, or if it is impossible to divide it in kind or if it is possible to divide it in kind in kind in kind, the value thereof may be reduced remarkably, by ordering an auction of the property,
(2) In light of the above facts, the court below's decision on April 12, 2002 and the court below's decision on July 12, 2002 is justified. The court below's decision on this case's land's land is based on the following circumstances: ① the defendant (appointed party) and the designated party's share of the defendant among the land in this case's land are completed two registrations of seizure; ② when the land is divided in kind, the restriction of rights, etc. is transferred to the whole part of the division; ② the defendant (Appointed party) and the designated party oppose the auction that the plaintiff seeks, but they did not present a specific method of division until the closing of pleadings; ③ the land in this case's present three graves are installed.