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Attached Form
1. The sum remaining after deducting the auction expenses from the proceeds of the sale by selling the real estate recorded in the list to an auction shall be as shown in attached Form 2.
Reasons
1. The facts that the Plaintiff and the Defendants shared the real estate listed in the separate sheet No. 1 (hereinafter “instant land”) in the separate sheet No. 2 attached hereto are co-owned at each share of the co-ownership of the real estate listed in the separate sheet No. 1 (hereinafter “the instant land”) can be acknowledged by taking into account the following: (a) there is no dispute between the parties; and (b) evidence No. 1 through No. 4; and (c) there is no agreement on partition of the pertinent land between the Plaintiff and the Defendants on the partition of the common property of this case
Therefore, pursuant to Article 269(1) of the Civil Act, the Plaintiff as a co-owner of the instant land may request the Defendants to divide the co-ownership of the instant land into the co-ownership.
2. Method of partition of the article jointly owned;
A. In the case of dividing the jointly-owned property by trial, if it is impossible to divide it in kind or it is anticipated that its value will be significantly reduced, the auction of the article may be ordered. Here, the requirement is not physically strict interpretation. It includes cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, utilization status, use value after the division, etc. of the jointly-owned property (see Supreme Court Decision 40219, 4026, Sept. 10, 2009, etc.). (b) The above evidence and evidence were included, and evidence and evidence Nos. 1 through 6, 10, 11, and 11 were divided in kind, and the following purport of the entire pleadings are considered to have been integrated, and ① the appraisal of Attached 3 Grade 1 is not physically strict, but it includes cases where it is difficult or inappropriate to divide the article in kind in question in light of the nature, location, use status, and usage value after the division, etc. of the article in question.