공유물분할
1. The auction cost out of the proceeds of sale shall be attached to the above real estate stated in the attached list for auction;
1. Facts of recognition;
A. As to the attached real estate indicated on the real estate (hereinafter “instant real estate”), the Plaintiff and the Defendants shared each share in the attached Table of co-ownership.
B. The Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant real estate.
[Grounds for recognition] Gap 10's evidence and the whole purport of the pleading
2. According to the above facts acknowledged as above, the plaintiff and the defendants shared the real estate of this case in proportion to the co-ownership ratio table, and it can be recognized that the agreement on division of the real estate of this case has not been reached up to now. Thus, the plaintiff, co-owner, can file a co-owned property partition claim against the defendants pursuant to Articles 268 and 269 of the Civil Act.
3. Method of partition of co-owned property;
A. The partition of co-owned property based on a trial shall be, in principle, divided in kind to the extent that a reasonable partition can be made according to the share of each co-owner. If it is impossible to divide in kind or the value thereof might be substantially damaged due to the division, the proceeds thereof shall be divided through an auction.
(Article 269, Section 2 of the Civil Act).
In light of the fact that the instant real estate is an apartment building, which is an apartment building, and it is impossible to divide it in kind into one debt, and the Plaintiff wishes to divide the price by auction and the Defendants do not present any specific alternatives to other division methods, it is reasonable to divide the amount remaining after deducting the auction cost from the proceeds of auction and the proceeds of auction from the auction to the Plaintiff and the Defendants by distributing the shares of each of their co-ownership.
4. According to the conclusion, the real estate of this case is to be divided by auction, and it is so decided as per Disposition.