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1. The remaining amount of each real estate listed in the separate sheet after deducting the expenses for auction from the proceeds of auction;
Reasons
Facts of recognition
Attached Form
Each real estate indicated in the list (hereinafter “instant real estate”) is jointly owned by the Plaintiff and the Defendants at the same rate as that indicated in paragraph (1) of this Article.
There was no agreement between the Plaintiff and the Defendants on the method of dividing the instant real estate.
【Ground of recognition” without any dispute, Gap evidence No. 1, and the purport of the entire pleadings, the co-owner of the instant real estate and the defendants did not reach agreement on the method of partition. Thus, the plaintiff has the right to co-owned share against the defendants, based on the co-owned share.
In principle, partition of co-owned property according to a judgment on the method of partition of co-owned property shall be made in kind as far as it is possible to make a reasonable partition according to the share of each co-owner, and if it is impossible to divide in kind or in kind, and if the value thereof is likely to be significantly reduced, the auction of the property may be ordered to divide in kind.
Furthermore, it is recognized that it is reasonable to acquire the jointly owned property concerned to a specific person, comprehensively taking into account the cause of the co-ownership relationship, the ratio of co-ownership to co-ownership, the economic value of the co-ownership in the case of division, the desire of co-owners for the method of division, etc. If there are special circumstances to recognize that acquiring the price of the co-ownership to another co-owner does not impair the substantial fairness of the co-owner, the co-owner shall own the jointly owned property solely or jointly owned by one of the co-owners, but the co-owners who own the goods in kind shall also be allowed to make a
The real estate of this case is subject to the application of the Farmland Act, and according to the contents of the subparagraphs of Article 22 (2) of the Farmland Act (Article 22 (3), the real estate of this case is in accordance with the Rearrangement of Agricultural and Fishing Villages Act.