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1. Paragraph 1 of the attached list shall be put to an auction and the remainder after deducting the auction cost from the price;
Reasons
1. The following facts are acknowledged as either a dispute between the parties or in full view of the evidence set forth in subparagraphs A(1) through (11) and the purport of the entire pleadings.
A. The Plaintiff and the Defendant shared each real estate listed in the separate sheet. The Plaintiff’s share in the real estate listed in paragraph (1) of the separate sheet is 436/853, the Defendant’s share is 417/853, and the Plaintiff’s share in paragraph (2) of the separate sheet is 33/121.74, and the Defendant’s share is 88.74/121.74.
B. As of October 8, 2019, which was the date of the closing of the instant argument, no agreement was reached between the Plaintiff and the Defendant regarding the method of dividing each real estate listed in the separate sheet.
On October 17, 2019, after the closing of the argument in the instant case, the Defendant asserted that “an agreement was reached between the Plaintiff and the Defendant on October 14, 2019 regarding the method of dividing the real estate in the separate sheet as indicated in the separate sheet,” and applied for the resumption of argument. However, there is no evidence to acknowledge the Defendant’s assertion, and thus, the Defendant’s assertion cannot be accepted, and accordingly, the Defendant’s application for the resumption of argument cannot be accepted
2. The co-owners may request a partition of the article jointly owned (main sentence of Article 268(1) of the Civil Act), and if the consultation on the method of partition does not lead to an agreement, the co-owners may request a court to divide the article jointly owned (Article 269(1) of the Civil Act). If it is impossible to divide the article jointly owned in kind in kind or if the value thereof is likely to decrease remarkably due to the partition, the court may order the auction of
(Article 269(2) of the Civil Act. In light of the above, the Plaintiff and the Defendant did not reach an agreement on the division method of each real estate listed in the separate sheet, and comprehensively taking account of the evidence and the overall purport of the pleadings as seen above, it is deemed that the division of each real estate listed in the separate sheet in kind is difficult or it is difficult to divide it in kind with household affairs, and thus, the value thereof may be significantly reduced due to the division.