beta
Text
1. The plaintiff shall sell each real estate listed in the attached list of real estate at auction and deduct the auction cost from the price.
Reasons
1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 3-4, 4, 5, and 6.
The status of the parties is the plaintiff and the defendant, and C and D are the parents of the plaintiff and the defendant, and D died on February 5, 2008.
B. On February 26, 2008, C applied for the adjustment of the refund of legal reserve against the plaintiff and the defendant on the part of February 26, 2008. On July 16, 2008, in the case of return of legal reserve of inheritance, the Seoul Eastern District Court 2008Ma480, the plaintiff and the defendant owned the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter "the land of this case") and paragraph (2) of the real estate listed in the attached Table No. 2 (hereinafter "the building of this case", and the real estate listed in the attached Table No. 701 (hereinafter "each of the real estate of this case") at the ratio of 170,000,000,000 won out of the lease deposit claims based on the right of lease under the title C and the mediation of this case was established by dividing the real estate No. 570,500,000 won to each of the defendant and the defendant.
C. According to the sharing of each real estate of this case, the plaintiff and the defendant owned each real estate of this case in the ratio of 1/2 of their respective shares, and there was an agreement between the plaintiff and the defendant on the division, but no agreement was reached. Meanwhile, the defendant is residing in No. 401, which is a multi-family house among the buildings of this case.
2. Judgment on the partition claim of the article jointly owned
A. Since the Plaintiff and the Defendant sharing each of the instant real property in co-ownership did not reach agreement on the method of partition, the Plaintiff may file a claim against the Defendant for partition of each of the instant real property.
(b) Division of co-owned property by a trial on the method of partition of co-owned property shall be made with reasonable partition according to shares of co-owners;