Attached Form

The real estate stated in the list of real estate shall be attached to the auction and the auction cost shall be deducted.

1. Basic facts

A. The Plaintiff and the Defendants shared the instant real estate in their respective ratio of 1/3.

B. The agreement on the method of dividing the instant real estate between the Plaintiff and the Defendants was not concluded until the closure of the pleadings of the instant case. There is no special agreement prohibiting the division of the instant real estate.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 32 (including various numbers), the purport of the whole pleadings

2. Determination

A. According to the facts of the recognition of the claim for partition of the jointly owned property, the Plaintiff may claim against the Defendants for partition of the jointly owned property under Article 269(1) of the Civil Act concerning the instant real property.

B. In the case of dividing the jointly-owned property in kind, if it is impossible to divide the jointly-owned property in kind or if it is likely that its value will be significantly reduced, an auction of the article may be ordered. Here, the requirement is not physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide the real property in kind in light of the nature, location, area, utilization situation, use value after the division, etc. (see Supreme Court Decision 2009Da40219, 4026, Sept. 10, 2009, etc.). 2) In this case, it is difficult to find an adequate method of dividing the real property in kind after considering the results of appraisal entrustment to appraiser D of the evidence adopted before the evidence and the overall purport of the theory of change. In other words, it is highly probable that the real property in this case will be divided in kind, and the value of the real property in kind is considerably high.