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1. The plaintiff shall sell the real estate listed in the separate sheet to an auction and deduct the auction cost from the price.
Reasons
1. Basic facts
A. The Plaintiff and the Defendants shared the real estate listed in the separate sheet at the following shares:
- Plaintiff: 1/60 - Defendant B, D, E, and F, each 10/60 - Defendant C: 9/60 - Defendant G, H, I, and J: 4/120 each - Defendant K, and L: 2/120 each.
B. As of the closing date of the instant pleadings, there was no agreement between the Plaintiff and the Defendants on the method of dividing the said real estate.
[Ground of recognition] Unsatisfy, Gap evidence No. 1 and the purport of whole pleadings
2. According to the judgment, co-owners can claim the partition of the co-owned property. If the agreement on the method of partition does not lead to agreement on the method of partition, co-owners may claim the partition to the court. The partition of co-owned property according to the judgment is, in principle, impossible by the method of partition in kind or in kind, it is possible in form.
Even if the price of the article jointly owned is likely to be significantly reduced due to it, it shall be decided by the so-called price division, ordering an auction of the article jointly owned. In the case of this case, considering the size, form, etc. of each part after the division, it is difficult or inappropriate to divide the co-owned property by the method of in-kind division, and it seems to be the most equitable and reasonable method to divide the price through auction.
3. It is so decided as per Disposition that the real estate listed in the separate sheet will be put to an auction and the remaining amount after deducting the auction cost from the price will be distributed according to the co-ownership ratio, but the lawsuit cost shall be borne by each party.