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1. The real estate listed in the separate sheet shall be put to an auction and the remainder after deducting the auction cost from the proceeds of the auction.
Reasons
Basic Facts
The Plaintiff acquired 1,167/2,876/2,876 of shares in the real estate listed in the attached list (hereinafter “instant real estate”) through an auction procedure.
At present, the real estate in this case holds 1/167/2,876/2,876/2,876/2,876/2, 679/2,876/2, and 164/2,876/2,876 of shares of the Plaintiff.
In this case, the building without permission exists on the real estate of this case.
As to the instant real estate, the Plaintiff wishes to divide the price through an auction, and the Defendant A objects to the division itself, and the rest of the Defendants did not present any opinion.
(Reasons for recognition) Facts without dispute, each entry or video of Gap evidence 1 through 3 (including each number), and the purport of the whole pleadings.
Judgment
According to the above facts of recognition, the Plaintiff and the Defendants shared the instant land, and there was no agreement between the Plaintiffs and the Defendant on the method of partition of the instant land. Therefore, the Plaintiffs may file a claim against the Defendant for partition of the instant land based on their co-ownership.
In principle, the partition of co-owned property by judgment on the method of partition shall be made in kind as one in which a reasonable partition can be made according to the share of each co-owner. However, if it is impossible to divide in kind or in kind, or if the value of the property is likely to be significantly reduced, the auction of the property may be ordered. Here, the requirement that "it shall not be divided in kind" is not physically strict interpretation, but it shall include cases where it is difficult or inappropriate to divide in kind in light of the nature, location, area, use status, and use value after the partition.
The phrase "if the amount is to be divided in kind, if the value is likely to be reduced remarkably," is also a co-owner.