공유물분할
1. The remainder of each real estate listed in the separate sheet after deducting the cost of the auction from the proceeds of the auction;
In full view of the purport of the entire pleadings submitted by the Plaintiff, the Plaintiff and the Defendants shared each real estate listed in the separate sheet (hereinafter “instant real estate”) in proportion to the shares of Plaintiff 2/4, and the Defendants 1/4, respectively, and the fact that there was no agreement between the Plaintiff and the Defendants regarding the method of dividing the said real estate was established.
Therefore, the Plaintiff has the right to claim the partition of the instant real estate pursuant to Article 269(1) of the Civil Act. The method of partition is determined by the method of auction, since it is deemed difficult or inappropriate to divide the instant real estate in kind, considering various circumstances revealed in the process of the instant trial, such as the allegations by the parties, the category and current status