공유물분할
1.Paragraph 1(a) and (b) of the attached list shall be put to each auction and the auction cost shall be deducted from each proceeds thereof.
1. The facts of the basis for the claim are that the Plaintiff, the Defendants, and the designated parties indicated in the separate list Nos. 1(a) and (b) are sharing the real estate in the separate list No. 2(a) and (b). The Plaintiff and the Defendants failed to reach agreement on the method of dividing each of the real estate of this case between the Plaintiff and the Defendants, and the fact that both the Plaintiff and the Defendants wish to divide the price through auction is acknowledged by the respective descriptions of No. 1, 2, and 3 as well as by the purport of the entire pleadings and arguments, and there is no evidence to be interference therewith.
2. The judgment on the plaintiff's claim (1) co-owners may claim a partition of the article jointly owned (the main sentence of Article 268 (1) of the Civil Act). If the consultation on the method of partition does not lead to an agreement on the method of partition, co-owners may request a court to divide it, and if it is impossible to divide it in kind or the value of the article is likely to decrease remarkably due to the division, the
(2) On the other hand, the partition of co-owned property by a trial is in principle based on the method of spot partition, but it is impossible or possible in kind to divide it in kind.
Even if the price of the article jointly owned is likely to be reduced remarkably due to it, the auction is ordered in accordance with Article 269(2) of the Civil Code and the price is divided in installments. The price of the article substantially reduced due to the in-kind division is not only the case where the exchange value of the article jointly owned is significantly reduced due to the in-kind division but also the case where the value of the article to be owned by the co-owners is significantly reduced compared to the share value before the partition of co-owned property as well as the case where the share value of the article to be owned by the co-owners is not fairly divided in kind. Thus, even though the article division is formally, it shall be divided in kind.