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1. The plaintiff's main claim is dismissed.
2. Each real estate listed in the separate sheet shall be put up for auction and proceeds therefrom.
Reasons
1. Basic facts
A. The real estate listed in Attachment 1 owns 1/2 of their respective shares and 1/2 of them, and the real estate listed in Attachment 2 owns 1097/6788 shares among them, and the remaining 5691/6788 shares.
B. There is no agreement between the Plaintiff and the Defendant on the prohibition of partition of co-owned property as to each of the above real estate, and the Plaintiff and the Defendant had two conciliation dates and two legal dates after the filing of the instant lawsuit, but eventually no agreement on partition of co-owned property was reached.
[Grounds for Recognition] The absence of dispute or significant facts in this court, Gap 1-1 and 2, the purport of the whole pleadings
2. In the case of dividing the jointly-owned property by a judgment on the cause of the claim, if it is in principle impossible to divide it in kind or in kind, or if it is possible to divide it in kind or in kind, the value thereof is likely to decrease remarkably, an auction of the jointly-owned property may be ordered to be paid in installments;
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, “where the value of each real estate is likely to be reduced remarkably if it is divided in kind” includes cases where, even if a co-owner is a person, the value of the portion to be owned by him/her is likely to be significantly reduced than the share value of the ownership before the division (see, e.g., Supreme Court Decision 2013Da56297, Dec. 10, 2015). Considering the following: (a) Dokne, the nature, location and size of each real estate, the situation of the use thereof, the materials or opinions submitted by the parties regarding the nature of the said real estate, the use thereof, the use value after the division, and the progress of the consultation on division, each real estate is deemed to constitute a case where it is difficult or inappropriate to divide it in kind, and each real estate