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1. The money left after deducting the expenses of auction from the proceeds of auction attached to each real estate listed in the separate sheet 1; and
Reasons
1. Basic facts
A. The Plaintiff and the Defendant shared the real estate listed in the annexed sheet 1 (hereinafter “instant land and building”) at the ratio of 2/12 shares, and the Defendant shared at the ratio of 2/10 shares.
B. Until the date of closing argument in the instant case, no agreement was reached between the Plaintiff and the Defendant on the method of dividing the instant land and building.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2, purport of the whole pleadings
2. Determination
A. According to the above facts, there are no special circumstances such as the agreement prohibiting partition of the land and buildings of this case. Thus, the Plaintiff may file a claim against the Defendant for partition of the land and buildings of this case against the Defendant.
B. Division of an article jointly owned by a method of partition may be selected at will if the parties concerned agree on the method, but if the article jointly owned is divided by judgment because no agreement is reached, the court shall divide it in kind in principle. If it is impossible to divide it in kind or it is possible to divide it in kind in kind, the court may order the auction of the article only when the value of the article might be reduced remarkably.
(Article 269 of the Civil Code: Provided, That the requirement that "it shall not be divided in kind" in the payment shall not be physically strict interpretation, but shall include cases where it is difficult or inappropriate to divide the property in kind in light of the nature, location, area, use situation, use value after the division, etc. of the article jointly owned in kind.
In addition, it includes the case where the value of the portion to be owned independently by the co-owner is likely to be significantly reduced if it is divided in kind, and the value of the portion to be owned independently by the co-owner may be significantly reduced compared to the value of the share before the division, even if the co-owner is a person.
Therefore, even if it is possible to divide in kind formally, the location, area and surrounding roads of the article jointly owned.