Text
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. Facts of recognition;
A. Each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) is jointly owned by the Plaintiff, the Defendants (excluding the Defendants L, hereinafter the Defendants for convenience), and the Intervenor M (hereinafter the “ Intervenor”), and the share of co-ownership is as specified in paragraph (1) of this Article.
B. The Plaintiff and the Defendants demanded the division of each real estate of this case to the Defendants and the intervenors, but no agreement was reached between the Plaintiff, the Defendants, and the Intervenor regarding the method of division by the date of the closing of argument of
[Reasons for Recognition] Each entry of evidence Nos. 1 and 2-1 to 4, and the purport of the whole pleadings
2. Determination:
A. (1) According to the above facts of recognition, the Plaintiff, the Defendants, and the Intervenor sharing each of the instant real estate did not reach an agreement on the method of partition. Therefore, the Plaintiff, the co-owner of each of the instant real estate, as co-owner, may file a claim against the Defendants and the Intervenor for partition of each of the instant real estate.
(2) As to this, the Defendants and intervenors asserted to the effect that there exists a non-division agreement regarding each of the instant real estate, but there is no evidence to acknowledge it, and they do not accept the Defendants and intervenors’ above assertion.
B. In principle, partition of co-owned property according to a judgment on the method of partition of co-owned property shall be made in kind as long as a rational partition can be made according to the shares of each co-owner, but if it is impossible to divide in kind or it is possible in form, if the price might be reduced remarkably due to such possibility, the auction of the co-owned property shall be ordered to divide the price by the method of payment division.
In light of the nature of each of the instant real estate as well as the Defendants and intervenors, it is difficult to divide it into the real estate in kind. Thus, each of the instant real estate is sold by auction and thereafter, the Plaintiff, the Defendants, and the Intervenor.