공유물분할
1. The plaintiff shall sell each real estate listed in the separate sheet and deduct the auction cost from the price.
Each entry of evidence A Nos. 1 through 3 shall be considered as a whole of the purports of all pleadings.
Attached Form
The plaintiff, who is a co-owner of the 1/2 share of each real estate listed in the list (from the following to the real estate of this case), may file a claim with the court for the division pursuant to the main sentence of Article 268(1) and Article 269(1) of the Civil Act to the defendant who is a co-owner of
The instant real estate is difficult to divide the building and the land that is its site into spot land, and both the Plaintiff and the Defendant are not able to purchase shares of the other party.
It is the most reasonable way to sell the instant real estate at auction and distribute the price to the co-ownership ratio.
Although the Defendant wishes to auction only the Plaintiff’s share, it is difficult to accept as long as the Plaintiff’s claim for partition of co-owned property is recognized.
For the foregoing reasons, this decision is delivered with the assent of all Justices.