공유물분할
1. To sell each real estate listed in the separate sheet No. 1 at auction, the remainder after deducting the expenses of the auction from the proceeds of sale;
1. In full view of the purport of the entire arguments in the statements in Gap evidence Nos. 1 and 3 (including each number), the plaintiff, the defendants, and the designated parties may recognize the facts that each real estate listed in the separate sheet No. 1 (hereinafter "each land of this case") is jointly owned according to the ratio of co-ownership listed in the separate sheet No. 2.
On the other hand, there is no evidence to prove that there was a non-division agreement among co-owners.
2. As to each of the instant lands, multiple co-owned share holders exist, and the share ratio is diverse, it is difficult to divide each of the instant lands in kind according to the share ratio.
In addition, the designated parties F and the designated parties F agree to the plaintiff's request, and the defendant B, C, I, J, D, and E are served with the complaint of this case.
However, Defendant H, K, L, M, N,O, and P asserted that each of the instant lands is owned by a clan and that the clan members cannot respond to the Plaintiff’s request because they were trusted to the clan members.
However, there is no evidence to prove that each land of this case is owned by clans.
3. Since there is no agreement on the method of partition between the co-owner of each of the instant lands, it is appropriate to sell each of the instant lands at auction, and divide the remaining amount after deducting the auction cost from the proceeds of sale at the ratio of co-ownership.
4. The plaintiff's claim of this case is with merit and it is so decided as per Disposition.