Attached Form

1. The remainder of the real estate stated in the list, which was sold to an auction and deducted from the auction cost, shall be as shown in attached Form 2.

1. Determination on the cause of the claim

A. Facts of recognition 1) The real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”)

(2) The Plaintiff and the Defendants shared shares in proportion to the separate shares listed in the separate sheet of co-ownership. 2) The agreement between the Plaintiff and the Defendants on the method of dividing the instant real estate was not reached until the closing date of the instant argument.

[Ground of recognition] Facts without dispute, Gap 1 to 3 evidence, Eul 1 to 6 evidence, the purport of the whole pleadings

B. According to the facts acknowledged as above, one of the co-owners of the instant real estate may claim the partition of co-owned property against the Defendants, who are other co-owners, pursuant to the main sentence of Article 268(1) and Article 269(1) of the Civil Act.

(c) If the co-owned property is divided by a judgment on the method of partition of co-owned property, in principle, by dividing it in kind, or in kind, or if it is impossible to divide it in kind or if the value thereof is apprehended to decrease remarkably, an auction of the co-owned property may be ordered to be paid in kind;

Here, the requirement of "undivided in kind" includes cases where it is physically impossible to divide the article in kind, as well as cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, current use, value of use after the division.

In addition, the phrase “where the value might be significantly reduced if a person is divided in kind” includes cases where, even if a co-owner is a co-owner, the value of the portion to be owned by himself/herself may be significantly reduced compared to the share value before the division (see, e.g., Supreme Court Decision 2013Da56297, Dec. 10, 2015). Based on the foregoing legal doctrine, the instant case may be known by health stand, the evidence revealed by the aforementioned evidence, namely, ① land category, area of the instant real estate, and each co-ownership of the Plaintiff and the Defendants.