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1.(a)
Attached Form
1 The real estate listed in the list is put to an auction and the proceeds of the auction are deducted from the proceeds of the auction.
Reasons
1. A/36, Defendant C/19, Defendant C/D, E, F, G, and H share of 1/8 shares, respectively, in the attached list No. 1/36, Defendant C, and J. 1/36, Defendant C, D, E, F, G, and H. The real estate listed in the attached list No. 2 is owned by the Plaintiff 2/72, Defendant I 3/72, Defendant C/72, and Defendant C, E, F, G, and H share of 9/72 shares, respectively. The real estate listed in the attached list No. 3 is owned by the Plaintiff 2/19, Defendant C/19, Defendant B/D, E, F, H, and H share of 1/19 shares, and there is no dispute between the Plaintiff and the Defendants as to the method described in the attached list No. 1, 2, 31 through No. 2, 31, 32, and 31, and 41, respectively.
2. Determination on the cause of the claim
A. According to the above facts of recognition, the Plaintiff, as co-owners of the real estate listed in the attached Tables 1, 2, and 3, may request the other co-owners to divide the real estate.
B. Furthermore, with respect to the method of the division of the common property, the method of the division of the common property in general by the trial is the principle of the division in kind, and if it is impossible to divide the common property in kind or if the value of the common property might be significantly decreased if the division in kind is made in kind, an auction may be ordered to divide the property. In the payment in kind, the term "where it is impossible to divide the common property in kind" includes cases where it is difficult or inappropriate to divide the common property in kind in light of the nature, location, area, use status, and the use value after the division, etc. of the common property, not physically strict interpretation.
As to the instant case, Defendant B, C, D, E, H, I, J, and K did not express any opinion with respect to the Plaintiff’s claim for the payment of the price of the instant real estate, and other real estate of the Plaintiff and the Defendants.