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1. The plaintiff shall sell the real estate listed in the annexed Form (1) to an auction and the remaining amount after deducting the auction cost from that price.
Reasons
1. As to the real estate listed in the [Attachment 1] of fact-finding (hereinafter “instant land”), the Plaintiff and the Defendants shared each share of 1/4.
There is no agreement as to the method of partition of co-owned property as to the land of this case between the plaintiff and the defendants.
[Ground for Recognition: Facts without dispute, Gap evidence No. 1, purport of the whole pleadings]
2. Determination
A. The plaintiff is a co-owned share holder of the land of this case and can file a claim for partition of the land of this case with the defendants pursuant to Article 269(1) of the Civil Act, and the agreement on partition of co-owned property was not formed. Thus, the plaintiff's claim for partition of co-owned property
B. As to the method of partition of co-owned land, the following circumstances, which are acknowledged by the evidence and the purport of the entire pleadings, namely, the land of this case as the site area and form, size of shares owned by the Plaintiff and the Defendants, are deemed difficult to fairly divide the land of this case in kind according to their respective shares ratio, and it is difficult or inappropriate to seek fair partition among co-owners while maintaining the utility value of the land of this case in kind.
Therefore, inasmuch as it is the most equitable and reasonable method to divide the price through an auction, it is to divide the land of this case into an auction and the remaining amount after deducting the auction cost from the price, in a way that the Plaintiff and the Defendants distribute in proportion to their shares.
3. In conclusion, the Plaintiff’s primary claim against the Defendants seeking the division in kind is without merit, and the Plaintiff’s conjunctive claim against the Defendants seeking the division in kind is accepted, and the costs of lawsuit are assessed against each party in consideration of the circumstances of the case.