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The real estate stated in paragraph (1) of the list shall be put to an auction and the remainder after deducting the auction cost.
Reasons
Facts of recognition
Plaintiff
B, C, D, and network H are children between the network I and the Plaintiff, and Defendant F and G are children between the network H and the Defendant E.
The Plaintiffs and the network H, who are co-inheritors of the network I, completed each registration of ownership transfer on May 23, 201 with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on May 23, 201, due to the inheritance by consultation or division on November 20, 2010, and their shares are as listed below.
JK L LW Plaintiffs A 207/661 119/380 535/1,716 29/96 29/1,716 29/1,716 28/91/1,716 28/96 Plaintiff C 89/61/61/61/380 230/1,716 13/96 Plaintiff D 89/61/61/616 230/380 230/61,716 H 89/61/380 230/1,716/96. The Defendants, co-inheritors of deceased the registration of ownership transfer for each of the instant real estate shares due to the inheritance net’s respective of the instant real estate shares on February 21, 2017.
J K L L L L L 267/4,627 153/2,660 690/12,012, 39/672, Defendant F 178/4, 6272, 660/2, 660/2, 460/12, 012, 26/672, Defendant G 178/4, 6272, G 178/4, 660/12, 660 460/12, 012/672 [based]] without dispute. According to the facts of recognition as above, the Plaintiffs and the Defendants shared real estate of this case, and consultation on the method of partition of each real estate between co-owners by the closing date of the argument of this case, the Plaintiffs may claim a partition against the Defendants pursuant to the main sentence of Article 268(1) and Article 268(1)26/19 of the Civil Act.
In principle, partition of co-owned property by judgment on the method of partition shall be made in kind as long as a rational partition can be made according to the share of each co-owner. If it is impossible to divide in kind or it is possible to divide in kind, the price can be divided by ordering auction of the goods only when the value might be reduced remarkably if it is possible to do so.