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1. The real estate listed in the annex No. 1, 2, 5 shall be put to an auction and the remainder after deducting the costs of the auction from the proceeds thereof.
Reasons
Facts of recognition
A. The real estate indicated in the attached list 1-5 was owned by G. G, and the heir died and succeeded to it.
B. As of the closing date of the instant pleadings, real estate listed in the separate sheet Nos. 1, 2, and 5 owns 5/11 shares, Defendant D, Defendant C, each of 2/11 shares, Defendant B, the husband of the network H, Defendant E, and F, each of whom owns 4/7 shares.
C. As of the closing date of the instant pleadings, the real estate listed in the separate sheet Nos. 3 and 4 owns the Plaintiff 2/11 shares, the Defendant D, and Defendant C, each of 2/11 shares, the Defendant B, who is the husband of the network H, the 15/77 shares, and the Defendant E and F, who are children, each of the 10/77 shares.
Attached Form
There was no agreement on the method of dividing land between 1-5 and 1-5.
[Reasons for Recognition] Facts without dispute, entries in Gap 1, 2, and 4 (including virtual numbers), and the purport of the whole pleadings
A. Co-owners of the real estate jointly owned may at any time claim the partition of the co-owned property against other co-owners (Article 268(1) of the Civil Act). As seen earlier, the Plaintiff, a co-owner of the land of this case, is entitled to claim the partition of the land of this case against the Defendants, who are the remaining co-owners, unless there are special circumstances.
B. As a matter of principle, the division of the co-owned property by the trial method (1) is to be carried out in kind as long as it is possible to make a reasonable division according to the share of each co-owner. If it is impossible to divide it in kind or in kind, it is possible to divide the property by ordering the auction of the property only when the value of the property is likely to be significantly reduced. In the payment, the requirement that “it is not possible to divide it in kind” is not physically strict interpretation, but it is to make the installment in kind in light of the nature, location, area, use situation, and the value of the property after the division.