1. The real estate listed in the separate sheet shall be put to an auction and remaining after deducting the cost of the auction from the proceeds of sale;

Basic Facts

The Plaintiffs and the Defendant share each real estate listed in the separate sheet (hereinafter “instant real estate”) at the ratio of 3/8 shares and Defendant 2/8 shares, respectively.

Attached Form

On the land listed in paragraphs 1 and 3 of the list, three floors offices and stores are constructed as follows. Buildings listed in Paragraph 4 of the same list used as the left one bank are constructed on the land listed in Paragraph 3 of the same list. Buildings listed in Paragraph 2 of the same list used as D next thereto are constructed on the land listed in Paragraph 1 of the same list. Both buildings are constructed on the land listed in Paragraph 3 of the same list. Both buildings are in the form of double walls like one building. The entrance is separate for each building, but the entrance to the rooftop is limited to buildings listed in Paragraph 4 of the same list.

In addition, the parking lot for the building is a structure surrounded by each building listed in paragraphs 2 and 4 of the same list, and the parking lot entrance is the left side of the entrance of the building listed in Paragraph 4 of the same list, and the parking lot entrance is installed at the parking lot entrance and used as the only passage for vehicle entry.

The Plaintiffs and the Defendant did not reach an agreement on the method of dividing the instant real estate, which is public property, until the closing date of the argument.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1-1-4, and the result of the on-site inspection by this court, the facts that the plaintiffs and the defendant did not reach an agreement on the method of partition of the real estate of this case, which is jointly owned by the plaintiffs and the defendant, did not have a special agreement prohibiting the partition of co-owned property between the plaintiffs and the defendant. Thus, the plaintiffs can seek a partition of co-owned property against the defendant based on co-ownership right.

In a lawsuit for partition of co-owned property, the court shall comprehensively take into account the co-ownership relation or circumstances of the property which is the object thereof.