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1. The remaining amount after deducting the expenses for the auction from the proceeds of the sale by selling the real estate indicated in the attached Form;
Reasons
1. The facts of recognition are: (a) the Plaintiff and the Defendant share the real estate listed in the separate sheet (hereinafter “instant real estate”) at the respective ratios of 85/100 and the Defendant share the real estate in 15/100; (b) the real estate of this case without any special agreement between the Plaintiff and the Defendant on the prohibition of partition; and (c) the fact that there was no dispute between the parties or that there was no agreement on the method of partition of the instant real estate between the Plaintiff and the Defendant on the method of subdivision of the instant
2. Determination as to the cause of action
A. According to the above facts, the Plaintiff, a co-owner, may request the Defendant, who is another co-owner, to divide each of the instant real estate.
B. In light of the following facts and the circumstances known therefrom, the situation and area of the use of the instant real estate, and the possibility of consultation among co-owners, etc., it appears that the instant real estate constitutes a case where it is difficult or inappropriate to divide the instant real estate in kind due to its nature.
Therefore, it is reasonable to divide the jointly owned property by means of distributing the remaining amount after deducting the auction cost from the price by selling the instant real property to an auction, according to the share ratio of the plaintiff and the defendant.
1) In dividing the instant real estate in kind, the Plaintiff asserts that the value of each of the instant real estate increases substantially depending on the location of each of the instant land, and in particular, the person acquiring the land of the portion not connected to access roads is considerably difficult to utilize the land, and that the Plaintiff seeks to divide the pertinent real estate by selling it to auction and distributing it according to the ratio of co-ownership. 2) Meanwhile, the Defendant asserts that the Defendant wishes to have the portion of the instant real estate by dividing the instant real estate in kind.
3. The instant real estate is a real estate.