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1. The real estate listed in the separate list of real estate shall be put to an auction and the proceeds thereof shall be deducted from the auction cost;
Reasons
1. Basic facts
A. The Plaintiffs and the Defendant own each real estate listed in the separate sheet of real estate (hereinafter “each real estate of this case”) according to the ratio of each share indicated in the separate sheet of co-ownership.
B. There was no agreement between the plaintiffs and the defendant on the method of dividing each real estate of this case, which is jointly owned, by the closing date of the argument of this case.
[Reasons for Recognition] Unsatisfy, Gap evidence 1-1 and 2-2, the purport of the whole pleadings
2. Determination
A. According to the facts established as above, the Plaintiffs, co-owners of each real estate of this case, can file a claim against the Defendant, who is another co-owner, for partition of co-owned property of this case pursuant to Articles 268 and 269 of the Civil Act.
B. In principle, the partition of co-owned property according to the judgment on the method of partition of co-owned property shall be made in kind as long as a rational partition can be made according to the share of each co-owner; however, the requirement that "it cannot be divided in kind" is not physically strict interpretation, but physically strict. It includes cases where it is difficult or inappropriate to divide the co-owned property in kind in light of the nature, location, area, situation of use, and use value after the partition.
(See Supreme Court Decision 2002Da4580 Decided April 12, 2002). The following circumstances are revealed by comprehensively taking account of the facts acknowledged earlier and the overall purport of each entry and pleading in the evidence Nos. 2 and 4 (including the serial number) as follows: ① Each real estate of this case is a building site and a building site of one parcel; in the case of a building, it is practically difficult to divide the building in kind in its structural use unless the registration of partition is made; ② there is no smooth agreement between the plaintiffs and the defendant on the method of in-kind division; ③ both the plaintiffs and the defendants to purchase the shares of each other; and ③ in-kind division by full price compensation.