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Attached Form
The real estate stated in the list shall be attached to the auction and the remainder of the auction cost shall be deducted.
Reasons
1. Basic facts
A. The Plaintiff and the Defendants shared 12/108 shares, 8/108 shares, 8/108 shares, 1/3 shares, and 1/3 shares, respectively, of the real estate listed in the separate sheet (hereinafter “instant real estate”).
B. The Plaintiff filed the instant lawsuit and sought the division of the instant real estate, but no agreement was reached between the Plaintiff and the Defendants on the method of dividing the instant real estate until the date of closing the argument.
C. Meanwhile, Defendant E and F concluded a lease agreement with G company with respect to the instant real estate and received monthly rent from the said lessee as the Plaintiff’s mother’s account.
[Reasons for Recognition] Facts without dispute, Gap evidence No. 1-2, Eul evidence No. 1-1-2, Eul evidence No. 1-2, and the purport of the whole pleadings
2. The assertion and judgment
A. One of the co-owners of the instant real estate as part of the claim for partition of co-owned property can file a partition of co-owned property against the remaining co-owners pursuant to Articles 268 and 269 of the Civil Act.
In the case of dividing jointly-owned property through a trial, if it is impossible to divide it in kind or if the value of the property is likely to be significantly reduced, an auction of the property may be ordered. The real estate in this case consists of the building site and the building on the ground thereof, and it is difficult to divide it in kind, and Defendant B, C, D, and F do not wish to purchase the plaintiff's share, and there is no agreement between the parties concerned, and it is not easy to sell the real estate in this case to a third party.
Therefore, the instant real estate constitutes a case where it is difficult or inappropriate to divide the instant real estate in kind that satisfies all the interests of the parties.
Therefore, it is reasonable to divide the price according to the share ratio among co-owners by attaching the instant real estate to the auction.