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1. The amount of real estate listed in the separate sheet remaining after the cost of auction is deducted from the proceeds of auction;
Reasons
1. The Plaintiff and the Defendant share the real estate listed in the separate sheet (hereinafter collectively referred to as “instant real estate”) as one-half shares, respectively.
As of the closing date of the instant case, the Plaintiff and the Defendant did not reach an agreement on the division method of the instant real estate.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 3, the purport of the whole pleadings
2. Determination
A. Co-owners may file a claim for partition of co-owned property (main sentence of Article 268(1) of the Civil Act). If a consultation on the method of partition does not lead to an agreement, co-owners may file a claim for partition with the court. If it is impossible to divide the property in kind or the value of the property is likely to decrease remarkably due to the division, the court may order auction of the property (Article 269 of the Civil Act). Accordingly, the Plaintiff, co-owners, as co-owners, may file a claim for partition against the Defendant, who is another co-owner, pursuant to the main sentence of Article 268(1) and Article 269 of the
B. The partition of co-owned property based on the judgment of one legal principle as to the partition of co-owned property is in principle, it is impossible to divide it in kind or in kind, or it is possible in form
Even if the price of the article jointly owned is likely to be reduced remarkably due to it, the auction is ordered in accordance with Article 269(2) of the Civil Code and the price is divided in installments. The price of the article substantially reduced due to the in-kind division is not only the case where the exchange value of the article jointly owned is significantly reduced due to the in-kind division but also the case where the value of the article to be owned by the co-owners is significantly reduced compared to the share value before the partition of co-owned property as well as the case where the share value of the article to be owned by the co-owners by the in-kind division is substantially reduced.