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Attached Form
Each real estate listed in the list is put to an auction and the remainder after deducting the auction cost from the price.
Reasons
Basic Facts
The following facts may be acknowledged, either in dispute between the parties or in full view of the respective descriptions in Gap evidence 1 to 5 (including the serial number) and the whole purport of the pleadings:
Attached Form
Each of the real estate listed in the list (hereinafter referred to as “each of the real estate of this case”) is jointly owned by the Plaintiff (Appointed Party) and the Selection Party, with 1/6 shares, and Defendant D shares 4/15, Defendant B, C, and E shares 2/15 shares.
B. By the closing date of the pleading, there was no agreement between the Plaintiff (Appointed Party), the Appointed Party, and the Defendants on the method of dividing each of the instant real estate.
2. Judgment on the claim for partition of co-owned property
A. According to the facts acknowledged as above, the plaintiff (appointed party) and the appointed party, who are co-owners of each real estate of this case, may file a partition of co-owned property against the remaining co-owners pursuant to Article 269(1) of the Civil Act.
B. The partition of co-owned property based on one trial on the method of partition shall be, in principle, by the method of in-kind partition as long as it is possible to make a rational partition according to the shares of each co-owner. However, even if it is impossible in kind or it is possible, if the price is likely to decrease substantially due to the auction of the co-owned property, the so-called price partition shall be made by ordering the auction of the co-owned property to divide the price. However, it shall not be physically strict interpretation, but it shall include cases where it is difficult or inappropriate to divide the property in kind in light of the nature, location, area, use status, and use value after the partition.
In addition, even if a co-owner's act of dividing it in kind is likely to cause a decrease in the value thereof, the value of the portion to be owned by him/her is likely to be significantly reduced compared to the value of the share before the division.