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Attached Form
The plaintiff shall sell real estate listed in the list to auction and deduct the auction cost from the price.
Reasons
There is no dispute between the parties, or according to the purport of Gap evidence Nos. 1 and 2 and the whole pleadings, it is acknowledged that the plaintiff and the defendants shared real estate listed in the separate sheet (hereinafter referred to as "the real estate of this case") at the ratio listed in Paragraph 1 of this Article, and that there was no agreement between the plaintiff and the defendants as to partition of co-owned property and there was no agreement prohibiting partition. Thus, the plaintiff can file a claim against the defendants, co-owner.
Furthermore, as to the method of partition of co-owned property, the plaintiff wanted to divide the price by auction, and the defendants do not dispute it. Considering the size, number of co-owners, and the ratio of each co-ownership share, it is reasonable to place it at 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.