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1.(a)
Attached Form
Real estate in the list of paragraphs 1, 2, and 3 are attached to each auction, and the auction cost is out of the price.
Reasons
1. The grounds for the claim in the attached sheet and the shares of each real estate in the attached sheet 1, 2, and 3 are co-ownership of each of the real estate in the attached sheet 1-A by the plaintiff and the defendant.
As in the respective ratios of the entry in the Schedule, each real estate of paragraphs 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 in the separate sheet are co-ownership shares of each of the real estate and each of the defendant in the separate sheet 1-B.
The facts identical to the respective percentages of the entry in the paragraph are either not disputed between the parties (other than Defendant P), or may be acknowledged according to the respective entry in A1 through 11 (including each number), and the entire purport of the pleading.
According to the above facts, the Plaintiff, as co-owners of each of the above real estate, may request the Defendants, co-owners of the above real estate, to divide each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”).
The plaintiff is seeking to divide the price according to the auction with the method of dividing the real estate of this case.
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.
In light of the above legal principles, in light of the current status of the use of each of the instant real estate and the respective co-ownership ratio of the Plaintiff and the Defendants, it is difficult to find spot or other appropriate means of division that provide economic satisfaction to all of the above real estate according to co-owners’ equity ratio (the Defendant does not present any opinion as to the method of division). Since each of the above land is unable to be divided in kind in kind or is likely to be significantly reduced due to the spot division, it is reasonable to divide each of the above land into the method of price division.
2. The conclusion is to divide each of the instant real estates into auction proceeds and auction proceeds.