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1. The answer 228 square meters (e.g., on the land ledger: 754 square meters for the school site of racing-si) shall be placed at auction, and the price shall be from the auction.
Reasons
1. Basic facts
A. The answer 228 square meters (e.g., indication on the land ledger: 754 square meters for BI school site at Sejong-si (hereinafter “instant land”) originally shared 1/4 shares of the network BJ, network BK, network BL, and network BM.
B. On April 14, 193, the deceased on April 14, 193, the plaintiffs and the defendant 1 through 9 succeeded to the property of the deceased BJ as shown in the annexed Form 1. On August 14, 194, the deceased on August 14, 194, Defendant 11 through 15 succeeded to the property of the deceased BK as shown in the annexed Form 2. On January 17, 1947, the deceased on January 16 through 26 succeeded to the property of the deceased BL as shown in the annexed Form 3. On September 4, 1948, the deceased on September 27 through 45, 194 succeeded to the property of the deceased BL as shown in the annexed Form 4.
C. The Plaintiffs and the Defendants did not reach an agreement on the method of dividing the instant real estate.
【Defendant BA, BB, BC, and BH: The remainder of the Defendants, who have no dispute, shall be deemed as the confession (Article 150(3) and (1) of the Civil Procedure Act)
2. Determination
A. 1) Co-owners may claim a partition of co-owned property (main sentence of Article 268(1) of the Civil Act). If the agreement on the method of partition is not reached, co-owners may request a court to divide it. If it is impossible to divide it in kind or the value of the property is likely to decrease remarkably due to the division, the court may order the auction of the property (Article 269(2)). Accordingly, the Plaintiffs, co-owners, as co-owners, may request the Defendants, other co-owners, to divide the pertinent real property in accordance with the main sentence of Article 268(1) and Article 269 of the Civil Act.
B. The partition of co-owned property based on the judgment on the method of partition is in principle, or it is impossible to divide it in kind or in kind, or it is possible in form.
Even if the price of the article jointly owned is likely to be reduced remarkably due to it, it shall be ordered to auction the article jointly owned in accordance with Article 269(2) of the Civil Act.