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1. The amount of real estate listed in the separate sheet remaining after the cost of auction is deducted from the proceeds of auction;
Reasons
1. In full view of the purport of the entire pleadings in the statement No. 1 as to the claim for partition of co-owned property, real estate listed in the separate sheet (hereinafter “instant real estate”) is jointly owned by the Plaintiff and the Defendant as one-half shares, and the Plaintiff and the Defendant did not reach an agreement on partition of co-owned property. Thus, the Plaintiff, co-owner of the instant real estate, as co-owner, may file a claim for partition against the Defendant, the other co-owner, pursuant to Article 269(1) of
2. Method of partition of co-owned property;
A. In principle, partition of co-owned property by judgment shall be made by the method of in-kind division as long as a reasonable partition can be made according to each co-owner's share. However, even if it is impossible in-kind or possible, if the price might be reduced remarkably due to the auction of the co-owned property, the so-called price division shall be made by ordering the auction of the co-owned property if the price might be reduced remarkably. However, in the price division, the requirement that "it may not be divided in-kind" is not physically strict interpretation, but physically, it includes cases where it is difficult or inappropriate to divide the co-owned property in-kind in light of the nature, location, area, use situation, use value after the partition.
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B. (See, e.g., Supreme Court Decision 2002Da4580, Apr. 12, 2002).
Considering that the common property subject to division of this case is a multi-household as an aggregate building, and in the case of dividing in kind in light of its nature and form, there is a concern that the value might be significantly reduced, it is reasonable to deem that the real property of this case constitutes a case where it is difficult or inappropriate to divide in kind. The defendant wishes to purchase his share only by the plaintiff as a method of partition of co-owned property, but the plaintiff did not intend to purchase his share, etc., but no agreement is reached.