공유물분할
1. Real estate indicated in the annexed real estate shall be put to an auction and the auction expenses shall be deducted from the proceeds of the auction;
1. Comprehensively taking account of the Plaintiff’s evidence No. 1 and the entire purport of the pleadings, the Plaintiff and Nonparty C shared 1/2 shares, respectively, respectively. However, the Plaintiff acquired the said 1/2 shares owned on November 12, 2015 through auction, and the Plaintiff, the co-owner of the instant real estate, and the Defendant, who was the co-owner of the instant real estate, did not reach agreement on partition of co-owned property. As such, this court should pronounce a judgment on the Plaintiff’s claim for partition of co-owned property.
2. In full view of the fact that the Defendant’s refusal to divide the instant real estate and did not present its opinion on the method of division, and that there was no agreement on division in the conciliation procedure as referred to in the instant case, and that the instant real estate is one of the divided buildings among the aggregate buildings, and it is inappropriate to divide the instant real estate in kind, it is reasonable to divide the instant real estate into the price by auction.
3. Therefore, it is so decided as per Disposition by the assent of all participating Justices on the bench that the remaining amount after deducting the auction expense from the proceeds sold at auction shall be distributed to the Plaintiff at the ratio of 1/2 and 1/2, according to each share ratio.