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Attached Form
The term "mark of real estate" shall be put to an auction and the auction expenses shall be deducted from the proceeds of the sale.
Reasons
1. Facts of recognition;
A. The Plaintiff and the Defendants are co-owners of the previous real estate (hereinafter “instant real estate”). The Plaintiff’s share in the instant real estate is 2/957, Defendant B’s share is 231/957, and Defendant C’s share is 724/957.
B. On June 2, 2020, the Plaintiff participated in compulsory auction conducted by the Busan District Court and acquired ownership of 2/957 of the instant real estate.
(c)
The Plaintiff and the Defendants did not hold a divided consultation on the instant real estate.
[Ground for recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings
2. According to the above facts of recognition, the Plaintiff, a co-owner of each real estate of this case, may request the remaining co-owners to divide the jointly owned property under Article 269(1) of the Civil Act against the Defendants.
In addition, the division of the co-owned property by the trial shall be made in kind as long as it is possible to make a reasonable division according to the share of each co-owner, but it is not possible to divide the property in kind in the form of money.
“The requirement” does not physically strictly interpret it, but also includes cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, use status, and use value after the division (see, e.g., Supreme Court Decision 2002Da4580, Apr. 12, 2002). In light of the above legal doctrine, the instant case is examined.
In full view of the purport of each of the above evidence, it is reasonable to view that the real estate of this case is a commercial building; Defendant C is a two-way liaison; Defendant B is a statement demanding to dismiss the Plaintiff’s claim; and it is the most equitable and reasonable method to sell the real estate of this case to the co-owners according to the share of co-ownership, and distribute the remaining amount after deducting the auction cost from the price to the auction.
3. Conclusion.