beta
Text
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 the real estate listed in the separate sheet (hereinafter “instant real estate”) with 1/6 shares, and 2/6 shares, respectively, to the Plaintiff, Defendant B, Defendant D, and Defendant E.
B. The Plaintiff and the Defendants did not agree on the method of dividing the instant real estate.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-4, the purport of the whole pleadings
2. As a matter of principle, the method of partition of co-owned property by the judgment on the cause of the claim shall be divided in kind as long as it is possible to make a reasonable partition according to the share of each co-owner. However, if it is impossible to divide in kind or in kind or if it is apprehended that the value might be significantly reduced, an auction may be ordered to divide in kind. In the payment division, the requirement that “it is not possible to divide in kind” is not physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide in kind in light of the nature, location, area, use situation of the co-owned property, and use value after the division.
(See Supreme Court Decision 2009Da40219, 40226 Decided September 10, 2009, etc.). Of multi-family housing, it seems impossible to divide the instant real estate, which is one of the sectional ownership buildings of this case, into the form of installment, and some equity right holders may present a form of installment in which they purchase the equity shares of other equity right holders. However, the Plaintiff wishes to divide the proceeds by auction, and the Defendants did not express special opinion on the method of installment, and the Defendants are unable to hold consultation on the method of installment or the method of installment in kind, while maintaining the utility value of the instant real estate, fall under a case where it is difficult or inappropriate for co-owners to divide the instant real estate in kind.