공유물분할
1. The plaintiff A shall sell the real estate listed in the separate sheet to an auction and the remaining money after deducting the auction cost from the price.
1. Comprehensively taking account of the overall purport of the pleadings in each of the statements No. 1-1, No. 2, No. 12-1 and No. 2, the following facts can be acknowledged: (a) the real estate listed in the separate sheet (hereinafter “instant real estate”) was jointly owned by Plaintiff A15; (b) the remaining Plaintiffs and Defendants at each share of 2/15; and (c) the fact that there was no agreement on the method of dividing the instant real estate, which is public property, between the Plaintiff, the designated parties, and the Defendants by the closing date of pleadings
Therefore, the Plaintiff has the right to claim a partition of co-owned property against the Defendants based on his co-ownership.
2. The method of partition of co-owned property shall, in principle, be divided in kind, but the court may order an auction of things, if it is impossible to divide in kind or if the value thereof might be reduced remarkably in kind;
(See Article 269(2) of the Civil Act. This case’s real estate includes a building among this case’s real estate, and it is difficult to see that several parts of the building can be independently used as an independent building, so this case’s real estate can not be divided in kind.
Therefore, it is reasonable to divide the real estate of this case into the plaintiffs and the defendants according to the share sharing ratio, which is the remainder after deducting the auction cost from the sale price.
3. Conclusion: 3/15 of the remainder of the money obtained by selling the instant real estate at auction and subtracting the auction cost from the price shall be divided into the Plaintiff A, and the remaining Plaintiffs and the Defendants according to their respective shares of 2/15.