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Attached Form
The real estate stated in the list shall be put to an auction and the remainder after deducting the auction cost from the price.
Reasons
There is no dispute between the parties, or according to the purport of Gap evidence Nos. 1 through 8 and the whole pleadings, the plaintiff shares real estate listed in the separate sheet (hereinafter referred to as the "real estate of this case") as 12/18, and the defendants share the share ratio of 2/18 respectively. It is acknowledged that no agreement was reached between the plaintiff and the defendants as to the partition of co-owned property, and no agreement prohibiting partition exists. The plaintiff can file a claim against the defendants, co-owner.
Furthermore, as to the method of partition of co-owned property, the real estate in this case appears to be difficult to divide in kind as an apartment, and since Defendant C and D do not dispute about the payment division by auction, it is reasonable to put it up for auction and distribute the price according to co-ownership share.
Thus, the real estate of this case is divided in accordance with Paragraph (1) of this Article, and the costs of lawsuit are assessed against each party in consideration of the nature of the lawsuit of this case. It is so decided as per Disposition.