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1. The amount of real estate stated in the separate sheet shall be put to an auction and the remainder after deducting the auction cost from the price shall be attached;
Reasons
Facts of recognition
Plaintiff
In addition, the designated parties and the Defendants shared co-ownership shares on the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) in the attached sheet.
B. The agreement between the Plaintiff, the designated parties, and the Defendants on the partition of the pertinent real estate was not reached.
[Ground of recognition] According to the above facts of determination as to the grounds for a claim as to Gap's evidence Nos. 1 through 3 and the whole pleadings, the plaintiff and the designated parties, co-owners of the real estate of this case, may request the defendants, other co-owners, to divide the real estate of this case pursuant to Article 269 (1) of the Civil Code
We examine the method of partition of co-owned property.
In full view of the contents of the co-ownership ratio, land size, and the criteria for permission for division of land in the Leecheon-si where the real estate of this case is located, the real estate of this case is unable to be divided in kind in kind or its value may be significantly reduced due to the division in kind. Thus, it is reasonable to divide the proceeds from the auction by means of allocating them to co-owners according to the ratio of shares of co-owners.
In conclusion, it is decided as per Disposition by deciding to distribute the remaining amount of the real estate of this case to the plaintiff, the designated parties, and the defendants according to the share ratio stated in the attached Table of co-ownership.