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1.(a)
The sale price shall be calculated by deducting the cost of auction from the sale price.
Reasons
A. The remaining designated parties are entitled to co-ownership shares of 22/443, the defendant's co-ownership shares of 333/43, the defendant's co-ownership shares of 221/5,155 among the H land of this case, and the co-ownership shares of 4,050/5, and the defendant has co-ownership shares of 4,050/5, and 155. The fact that the agreement between the plaintiff (appointed party), the remaining designated parties and the defendant did not reach an agreement on the method of dividing each land of this case is significant in this court.
Therefore, pursuant to Article 269(1) of the Civil Act, the Plaintiff (Appointed Party) and the remaining designated parties, who are co-owners of each of the lands of this case, have the right to file a claim for the partition of each of the lands of this case against
2. Method of partition of co-owned property;
A. 1) Party’s assertion 1) Since each of the instant lands asserted by the Plaintiff (Appointed Party) is unable to be divided into money in kind, it is sought for payment by auction. 2) Of each of the instant lands asserted by the Defendant, part indicated * in the annexed drawing is owned by the Plaintiff (Appointed Party) and the remaining designated parties, and the remainder is divided into money in kind as owned by the Defendant.
B. As alleged by the defendant, the lawsuit for partition of co-owned property is a lawsuit seeking partition of co-owned property in kind, and the court may order partition in a reasonable manner at its own discretion without being able to seek by the plaintiff. Thus, in the case of the partition of co-owned property in kind, the remaining co-owners who do not want the partition should have the co-ownership within the share limit of the co-owner who requested partition of co-owned property. However, even if the co-owned property should be resolved by selling it in kind or by auction or division within the share limit of the co-owner who requested partition of co-owned property, and if the co-owner does not want to maintain the co-ownership relation among them, the co-owned property should be resolved and the sole ownership should be recognized.