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1. The amount of real estate stated in the separate sheet shall be put to an auction and the remainder after deducting the auction cost from the price shall be attached;
Reasons
1. Facts of recognition;
A. The real estate listed in the separate sheet (hereinafter “instant real estate”) is jointly owned by the Plaintiff and the Defendants in proportion to each of the listed in the separate sheet of co-ownership.
B. Until the date of the closing of the instant argument, there was no agreement between the Plaintiff and the Defendants on the method of dividing the instant real estate.
[Reasons for Recognition] Defendant 1 through 9: deemed confession (Article 208(3)2 of the Civil Procedure Act); Defendant 10: Each entry of evidence Nos. 1, 2, and 3; and the purport of the whole pleadings (Service by public notice)
2. According to the above facts of recognition, the Plaintiff, a co-owner, may file a claim against the Defendants, who are other co-owners, for the partition of each of the instant real estate pursuant to Articles 268 and 269 of the Civil Act.
In addition, in addition to the fact-finding response results and the purport of the entire argument of this court with respect to the above recognized evidence, since the ownership of the real estate in this case is complicated and there are many co-owners, and if the real estate in this case is divided in kind by the shares of the plaintiff and the defendants, it constitutes a housing site-type division or Baduk-type division which is prohibited from partition in the Youngcheon City Urban Planning Ordinance, it is recognized as difficult or inappropriate to divide the real estate in kind.
Therefore, it is reasonable to divide the jointly owned property in a way that the remaining amount after deducting the auction cost from the price of the instant real property sold by auction in accordance with Article 269(2) of the Civil Code and the defendants' share ratio is distributed.
3. In conclusion, it is decided as per Disposition by ordering an auction to divide the price for the instant real estate.