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1. Attached Form 1 [Attachment 1] A
The real estate mentioned in paragraph (1) shall be put to an auction and the proceeds shall be deducted from the auction cost.
Reasons
1. In addition to the respective statements in subparagraph 1-1 through 10, the purport of the entire pleadings is as follows: ① the Plaintiff and the Defendants are attached Table 1-A.
(b) the same title of the real estate stated in the subsection (hereinafter referred to as “instant real estate”).
It is recognized that there was no division agreement between the Plaintiff and the Defendants regarding the real estate in common at the ratio described in the port.
Therefore, the Plaintiff may request the Defendants to divide the above real estate.
2. The Plaintiff seeks payment by dividing the real estate of this case into the method of dividing it.
In the case of dividing the jointly-owned property through a trial, in principle, dividing it in kind, or in the case of dividing it in kind or when it is impossible to divide it in kind or in the case of dividing it in kind, the value thereof is likely to decrease remarkably, the auction of the jointly-owned property may be ordered to pay it in installments.
3. According to the above legal principles, the real estate of this case is the site, its ground, housing, forest and field, road, road, and share of the Plaintiff and the Defendants are as seen earlier. If the real estate is divided in kind according to its share ratio, it is highly likely that the said real estate will not be used for its original purpose, and that its value will be significantly reduced.
4. If so, the real estate of this case is divided by auction, and the costs of the lawsuit are assessed against each party. It is so decided as per Disposition.