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1. The amount remaining after selling 126 square meters prior to Gangseo-gu Seoul Metropolitan Government to an auction and deducting the auction expenses from the price;
Reasons
Facts of recognition
A. The Plaintiff and D shared 11/13 shares among the Plaintiff and D, and D owned 2/13 shares, respectively.
B. The Plaintiff was awarded a successful bid on January 13, 2016 due to the process of compulsory auction as to D’s share in the instant land.
C. There was no agreement between the Plaintiff and the Defendant on the method of dividing the instant land, and there was no special agreement prohibiting the division.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings
2. Determination
A. According to the above facts, the Plaintiff, a co-owner, may claim the partition of the instant land against the Defendant, who is another co-owner based on his co-ownership.
B. Where an article jointly owned is divided by a trial on the method of partition, in principle, in kind, in which a reasonable partition can be made according to each co-owner's share. However, when the value of the article could not be divided in kind or in kind is likely to be significantly reduced, an auction of the article may be ordered. Here, the requirement of "undivided in kind" is not physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, and use status of the article jointly owned and the use value after the division.
(2) The Plaintiff’s co-ownership share in the instant land is difficult to be divided in kind in consideration of the following factors: (a) the Plaintiff’s co-ownership share in the instant land is acquired, and the Plaintiff’s co-ownership share in the instant land is difficult to be divided in kind; and (b) the instant land is put to auction for the instant land, given that there is no possibility to divide in kind in consideration of the health stand, the ownership of the instant land exists on the instant land and the current status of its use.