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1. The plaintiff shall sell the real estate listed in the separate sheet to an auction and deduct the auction cost from the price.
Reasons
1. Facts of recognition;
A. The Plaintiff and the Defendants shared 1/6 shares of each of the real estate listed in the separate sheet (hereinafter “instant real estate”).
B. There is no agreement between the Plaintiff and the Defendants on the method of dividing the instant real estate.
[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings
2. Determination as to the cause of action
(a) Co-owners may request the court to divide the co-owned property in case where the agreement on the method of partition does not lead to an agreement on the method of partition, and in principle, the partition of co-owned property by trial shall not be divided in kind to the extent that it is possible to make a reasonable partition according to the share of each co-owner, but in the payment division, the requirement is not physically strict interpretation, and it includes cases where it is difficult or inappropriate to divide the co-owned property in kind in light of the nature, location or size of the co-owner, the situation of use and the use value
(2) In the case of a co-owner's in-kind, "if the value of the property is likely to be reduced significantly if the property is divided in kind" also includes the case where the value of the property to be owned by the sole owner is likely to be reduced significantly than the value of the property before the division.
B. (See, e.g., Supreme Court Decision 2002Da4580, Apr. 12, 2002).
Based on the above legal principles, in consideration of the shape of the real estate of this case, the real estate of this case is in fact impossible to divide it into one debt-sharing building among apartment buildings, and the plaintiff wants to divide the price through auction, and the defendant D, E, and F did not express any special opinion on the method of dividing the common property, and the defendant B and C did not present any special alternative plan on other division method than the price division.