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1. The real estate indicated in the “Real Estate Indication” shall be put to an auction and the auction cost shall be deducted from the price.
Reasons
1. The following facts of the recognition are either in dispute between the parties or in full view of the purport of the entire pleadings in Gap evidence Nos. 1 to 10 (including where there are serial numbers).
Attached Form
The real estate indicated “the indication of the real estate” (hereinafter “instant real estate”) is owned by the Plaintiff, the Defendant, and the designated parties as indicated in the “Revised List of Equity Interest” attached hereto.
B. The Plaintiff, the Defendant (Appointeds) and the designated parties did not reach an agreement on the division method of the instant real estate.
2. Determination
A. Co-owners may file a claim for partition of co-owned property (main sentence of Article 268(1) of the Civil Act). If a consultation on the method of partition of co-owned property does not lead to an agreement on the method of partition, co-owners may file a claim for partition with the court. If it is impossible to divide the property in kind or the value thereof is likely to decrease remarkably due to the division, the court may order auction of the property (Article 269(2) of the Civil Act). Upon examining the above facts in light of the above legal principles, the Plaintiff, co-owners, and the appointed parties, may file a claim for partition of the pertinent real property pursuant to Articles 268 and 269 of the Civil Act.
B. In principle, partition of co-owned property by one trial on the method of partition shall be made in kind as long as a rational partition can be made according to the share of each co-owner. However, if it is impossible to divide in kind or it is possible in form, if the price might be reduced remarkably due to such possibility, the auction of the co-owned property shall be ordered, and the price shall be divided by the so-called price division.
The requirement of "shall not be divided in kind" in the payment division is not a physically strict interpretation, but a character, location, area, and use of the article jointly owned.