Attached Form

The apartment recorded in the indication of real estate is put to an auction and the auction cost is deducted from the price.

1. Facts recognized;

(a) Apartment with indication of the attached real estate (hereafter in this case, referred to as the apartment of this case);

(3) The Plaintiff and the Defendant share shares at the ratio of 1/2 shares.

B. There is no agreement between the Plaintiff and the Defendant on the method of dividing the instant apartment.

[Grounds for Recognition] Unsatisfy, entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. In light of the above facts, the Plaintiff, as a co-owner, may file a claim with the court for the partition of the instant apartment with the Defendant, who is another co-owner (Article 269(1) of the Civil Act). B. We examine the method of partition.

1) The court may order an auction of the article jointly owned when the value thereof is likely to be reduced substantially if the division of the article jointly owned is not possible in kind or in kind, or if it is impossible to divide the article in kind, or if the value thereof is likely to be reduced remarkably (Article 269(2) of the Civil Act). The case where the article cannot be divided in kind includes cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, utilization situation, use value after the division, etc. of the article jointly owned.

2) Considering the circumstances revealed in the pleadings, such as the area of the instant apartment, the number of co-owners, and conflict of interests between co-owners, it is considerably difficult to divide the instant apartment in kind. If the instant apartment is divided in kind, the value may be significantly reduced if it is divided into the instant apartment in kind.

Determination conforms to the common sense.

3) Therefore, it is appropriate to determine that the method of distributing the apartment of this case to the plaintiff and the defendant according to the ratio of shares is appropriate to sell the apartment of this case to an auction and deduct the auction cost from

3. In conclusion, the plaintiffs' claim of this case is justified, and it is so decided as per Disposition.