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1. The Plaintiff shall sell each land listed in the separate sheet and deduct the auction cost from the proceeds of the sale.
Reasons
1. Determination as to the cause of claim
A. The original and the Defendant owned each corresponding share in the separate sheet of ownership shares in each land listed in the separate sheet (hereinafter “ownership shares”), and the fact that the agreement between the original and the Defendant on the division method of each of the above real estate has not been concluded between the parties, or that the agreement on the division method of each of the above real estate was not concluded by the evidence No. 1-1 through No. 4. Thus, the Plaintiff may file a claim against the Defendants for the division of each of the above land based on the co-ownership share.
B. In principle, the partition of co-owned property by judgment shall be made by the method of in-kind division as long as a reasonable partition can be made according to the shares of each co-owner. However, even if it is impossible in-kind or possible in-kind, if the price might be reduced remarkably due to the auction of the co-owned property, the so-called price division shall be made by ordering the auction of the co-owned property and by dividing the price. However, in the price division, the requirement that "it may not be divided in-kind" is not physically strict interpretation. It includes cases where it is difficult or inappropriate to divide in-kind division in light of the nature, location, area, use situation of the co-owned property, use value after the
(See Supreme Court Decision 2002Da4580 delivered on April 12, 2002, etc.). C.
The following circumstances, which are acknowledged by adding the whole purport of pleadings to the aforementioned facts, i.e., the Plaintiff and Defendant F wish to divide the price of each of the instant lands, and the remainder of the Defendants did not present any special opinion on the method of dividing each of the instant lands. ② Each of the instant real estates is owned by the Defendants, and is owned by the Defendants, and is not practically difficult to divide each of the instant real estates in kind in proportion to their respective shares because their shares are complicated, and ③ the status of possession and use of each of the instant real estates is specific.