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The real estate stated in the list of real estate shall be put to an auction and the auction cost shall be deducted from the price.
Reasons
1. Facts of recognition;
A. The Plaintiffs and the Defendants shared each real estate listed in the separate sheet as the heir of the network G, who was the owner of each real estate listed in the separate sheet of real estate (hereinafter “instant real estate”), as the corresponding share in the separate sheet of co-ownership.
B. The real estate indicated in paragraph (1) of the attached list of real estate is an apartment with regard to the above apartment, the right to collateral security under the name of H association, the debtor of which is Defendant E and the maximum debt amount of which is KRW 48,100,000, is established with respect to the apartment, and each real estate listed in paragraphs 2 and 3
C. Meanwhile, the Plaintiffs and the Defendants did not reach an agreement on the method of dividing the instant real estate until the closing of the argument in the instant case.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings
2. According to the facts acknowledged prior to the determination, the Plaintiffs may seek a partition of co-owned property against the Defendants pursuant to Article 269(1) of the Civil Act.
Furthermore, as to the method of partition, Article 269(2) of the Civil Code provides that the court may order the auction of goods if it is impossible to divide in kind in kind or if the value thereof is likely to be significantly reduced due to the division. Thus, in principle, the partition of co-owned property by judgment shall be conducted in kind as long as it is possible to divide in kind according to the share of each co-owner. However, in the payment division, the requirement that "it is not possible to divide in kind" is not physically strict interpretation. It includes cases where it is difficult or inappropriate to divide in kind in light of the nature, location, area, use status, and use value after the division.
In addition, the part that can be owned independently by the in-kind division even if the co-owner's act is a co-owner's act of dividing it in kind, "if the value might be significantly reduced, the value may be reduced."