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1. Attached Form;
1. Real estate indicated on the real estate shall be put to an auction, and the auction expenses shall be deducted from the proceeds thereof; and
Reasons
According to the purport of Gap evidence Nos. 1 and 2 and the whole argument, the plaintiff and the defendants are as shown in the attached Table.
1. Attached Form 1 of the real estate indicated in the indication of the real estate (hereinafter “instant real estate”);
3. Co-ownership shares are shared at each ratio, and it can be recognized that there was no partition agreement between the Plaintiff and the Defendants on the instant real estate and there was no partition agreement.
According to the above facts of recognition, the Plaintiff, a co-owner of the instant real estate, may claim the division of the said real estate against the Defendants, who are other co-owners pursuant to Article 269(1) of the Civil Act.
① In addition, while the Plaintiff filed the instant lawsuit, filed a claim to divide the instant real estate in kind in the course of the lawsuit, the Plaintiff changed its intention to the desire to divide the instant real estate in kind; ② the Defendants are served with the instant complaint claiming the division in kind and consented to the completion of the co-ownership of the instant real estate in kind as desired by the Plaintiff; ③ The instant real estate is a case where it is difficult or inappropriate to divide the instant real estate in kind, in view of the following: (a) the area of forest land is wide and the number of co-owners are divided in kind in a forest located in a stopical area; and (b) it is anticipated that there would be a significant difference in the market price depending on the place where the land is divided in kind; and (c) the Plaintiff and Defendant F wish to divide the instant real estate in kind instead of the
In addition, the court can divide the co-owned property in a reasonable manner at a free discretion without having to seek a partition of co-owned property by the method of filing a lawsuit for partition of co-owned property.
(See Supreme Court Decision 91Da27228 delivered on November 12, 1991). Accordingly, the instant real estate is put to an auction under Article 269(2) of the Civil Act and the auction cost is deducted from the proceeds of the auction.