공유물분할
1. The remaining amount of each real estate listed in the separate sheet after deducting the expenses for auction from the proceeds of auction;
The fact that the Plaintiff and the Defendants shared each of the real estate listed in the separate sheet (Co-ownership shares Plaintiff 2/6, Defendants 1/6), and the fact that the Plaintiff and the Defendants did not reach an agreement on subdivision of each of the above real estate is recognized by the respective entries in the evidence Nos. 1 through 4 and the purport of the entire pleadings.
Therefore, the Plaintiff may claim against the Defendants the division of each of the above real estate.
The plaintiff is entitled to divide the price with the method of dividing each of the above real estate.
In the case of dividing the jointly-owned property through a trial, in principle, dividing it in kind, or in the case of dividing it in kind or when it is impossible to divide it in kind or in the case of dividing it in kind, the value thereof is likely to decrease remarkably, the auction of the jointly-owned property may be ordered to pay it in installments.
Here, the requirement of "undivided in kind" includes cases where it is physically impossible to divide the article in kind, as well as cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, current use, value of use after the division.
However, it is physically difficult or inappropriate to divide the real estate in the attached list No. 2 into the real estate in kind, which is a building in the same status as the attached list.
Attached Form
The real estate listed in paragraph (1) of the list is also the site of the real estate listed in paragraph (2) of the attached Table, which is not appropriate to divide it in kind.
Therefore, in this case where the Defendants did not present any opinion on the method of division, it is so decided as per Disposition by deciding to divide each of the real estate listed in the separate sheet by auction.