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1. The remainder of the amount of 14242.6 square meters sold by auction to Hongsung-gun Palle, Hongsung-gun, and the auction cost is deducted from the price.
Reasons
1. Facts of recognition;
A. The Plaintiff and the Defendants are co-owned share holders with respect to 14242 m2.6 m2 (hereinafter “instant real estate”), each co-ownership share is as indicated in the attached Form of co-ownership.
B. There is no agreement between the Plaintiff and the Defendants on the prohibition of partition, and there is no agreement on the partition of co-owned property.
[Evidence Evidence: Each entry in Evidence A 1 to 2, and the purport of the whole pleadings]
2. Determination:
A. According to the above facts, the Plaintiff, as co-owners of the instant real estate, may request the Defendants, who are other co-owners, to divide the pertinent real estate into common property.
(b) In the case of dividing the article jointly owned by a trial, in principle, by dividing it in kind, or in the case of dividing it into money in kind or in the case of dividing it into money in kind, if the value of the article is apprehended to be significantly reduced, the auction of the article jointly owned may be ordered to be paid in installments;
In this context, the requirement includes not only physically impossible division, but also cases where it is difficult or inappropriate to divide the property in kind in light of the nature, location, area, use situation, and the use value after the division, etc. of the article jointly owned, and also cases where the value of the portion to be owned by the owner alone is likely to be significantly reduced if the division is made in kind."
In full view of the description No. 1 (including the paper number) and the purpose and location of the instant real estate, the area and form of possession, and the intent of the Plaintiff and the Defendants as to the method of dividing the instant real estate, which are recognized by the evidence as seen earlier, the instant real estate constitutes a case where it is difficult or inappropriate to divide the instant real estate in kind.