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Attached Form
The real estate stated in the list of real estate remains after deducting the auction cost from the auction price.
Reasons
1. In full view of the purport of the entire pleadings in the statement No. 2-4 and No. 5 as to the claim for partition of co-owned property, each of the real estate listed in the separate sheet (hereinafter “instant real estate”) is jointly owned by the Plaintiffs and the Defendants in proportion to their shares as indicated in the separate sheet. Since the Plaintiffs and the Defendants did not reach an agreement on partition of the instant real estate until now, the Plaintiffs, co-owners, may claim partition of co-owned property against the Defendants pursuant to Articles 268 and 269 of the Civil Act.
2. Co-owned property partition by judgment on the method of partition may be divided in kind, in principle, or in kind, as long as it is possible to make a rational partition according to the share of each co-owner, or if it is impossible to divide in kind or in kind, or if the value thereof is likely to be significantly reduced if it is difficult to do so. In the payment division, the requirement that “it is not possible to divide in kind” is not physically strict interpretation, but physically strict interpretation is not to include cases where it is difficult or inappropriate to divide in kind in consideration of the nature, location, area, use situation, use value after the division, etc. of the co-owner’s
(2) In light of the following circumstances, the real estate of this case is classified as forest land and land category, multiple co-owners, and the area of the real estate of this case is 58 square meters in total, and thus, it is deemed the most reasonable method to divide the price of the real estate of this case by auction.
3. In conclusion, it is so decided as per Disposition by ordering the plaintiffs and the defendants to distribute the remaining amount after deducting the auction cost from the price added to the auction sale of the real estate of this case to their respective shares.