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1. The remaining amount of each real estate listed in the separate sheet after deducting the expenses for auction from the proceeds of auction;
Reasons
1. In full view of the purport of the entire pleadings in the statement No. 1-1-3 of the claim for partition of co-owned property, the Plaintiff shared each real estate listed in the separate sheet (hereinafter “each real estate of this case”) at the ratio of 2/3 shares, the Defendant shared the proportion of 1/3 shares, and the Plaintiff and the Defendant did not reach an agreement on the method of partition of each real estate of this case by the date of closing argument. Thus, the Plaintiff may seek partition of co-owned property against the Defendant.
2. Method of partition of co-owned property;
(a) In the case of dividing the jointly-owned property by trial, if it is impossible to divide it in kind or if the value of the property is likely to be significantly reduced, the auction of the property may be ordered, and in this case, it shall not be physically strictly interpreted, but it shall include cases where it is difficult or inappropriate to divide it in kind in light of the nature, location, area, utilization status, use value after the division, etc. of the jointly-owned property.
(See Supreme Court Decision 2009Da40219, 40226 Decided September 10, 2009, etc.) B.
In light of the above legal principles, it is difficult to divide each of the real estate of this case in kind or in kind, in light of the following circumstances, which are acknowledged as being comprehensively based on the overall purport of the pleadings, namely, ① there exists a building listed in Paragraph (2) above the land listed in Paragraph (1) of the attached Table among each of the real estate of this case, and the land listed in Paragraph (3) of the attached Table among the real estate of this case appears to be being used as access roads and parking lots to the adjacent land listed in Paragraph (1) of the attached Table, the width and length of which are narrow and long, ② the Plaintiff wants to divide the price, and the Defendant did not provide any specific means of partition.