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Attached Form
The plaintiff shall submit the land listed in the list to an auction and deduct the auction cost from the proceeds of the sale.
Reasons
1. Basic facts
A. Each land listed in the separate sheet (hereinafter “each land of this case”) is owned jointly by the Plaintiff and the Defendant; the Plaintiff owned 1,204/2,007 shares; and the Defendant owned 803/2,007 shares, respectively.
B. The Plaintiff and the Defendant did not agree on the division of co-owned property.
[Grounds for recognition] Each entry in Gap evidence 1 through 7 (including numbers), and the purport of the whole pleadings
2. Determination
A. As seen earlier, the Plaintiff and the Defendant did not reach an agreement on the method of partition of each land jointly owned with the co-owner of each land of this case. As such, the Plaintiff may file a claim for partition of each land of this case.
(b) Division of the co-owned property by trial: (i) Division of the co-owned property is, in principle, by the method of in-kind division, impossible or possible in-kind division;
Even if there is a concern that the price will be reduced remarkably, the auction of the article jointly owned should be ordered, and the price shall be divided by the so-called method of payment.
Here, "The price is significantly reduced due to the in-kind division" includes not only cases where the exchange value of the whole jointly owned property is significantly reduced due to the in-kind division, but also cases where the value of the part to be owned independently by the in-kind division is significantly reduced compared to the value of the ownership before the in-kind division, although it is formally possible to divide the property in-kind division.
Even if the common property can not be divided equally according to the ratio of the ownership of each co-owner, it shall not be divided in kind, but the common property should be divided by the method of payment in kind, in consideration of the location, area, surrounding roads, use value, price, proportion of the ownership of each co-owner, and current status of use and profit-making.