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1. The plaintiff and the defendant, who submitted the real estate stated in the separate sheet to an auction and deducted the auction cost from the price.
Reasons
Judgment on the Grounds of Claim
A. (1) On October 4, 2004, the deceased on April 22, 2013 while the deceased owned the real estate listed in the separate sheet (hereinafter “instant real estate”). The Plaintiff and the Defendants inherited the property.
(2) On December 6, 2013, the Plaintiff and the Defendants completed the registration of ownership transfer for each portion entered in the text of the instant real estate on the grounds of inheritance.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
B. (1) The co-owner of the real estate can at any time claim a partition of the co-owned property against another co-owner (Article 268(1) of the Civil Act). As long as there is no agreement on the method of partition of the real estate of this case, which is the co-owned property between the Plaintiff and the Defendants, the Plaintiff may, barring special circumstances, as co-owner of the real estate of this case, claim a partition of the co-owned property
(2) On the other hand, the division of the article jointly owned may be selected at will if the co-owners are unable to reach an agreement, but if the article jointly owned is divided through a trial due to the failure to reach an agreement, the court shall divide it in kind in principle. The court may order the auction of the article only when the value of the article is likely to be significantly reduced if it is either impossible to divide it in kind or to divide it in kind (see, e.g., Supreme Court Decision 2014Da233428, Mar. 26, 2015). In light of the fact that the real estate of this case is a house, since the real estate of this case constitutes a case in which it is impossible to divide it in kind, it is reasonable to divide the remaining amount after deducting the auction expense from the price of the real estate of this case by auction
The plaintiff's claim for conclusion is justified.