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1. The real estate listed in paragraph 1 of the attached list shall be put to an auction and the remainder after deducting the auction cost from the price;
Reasons
1. Each real estate listed in the separate sheet of determination as to the cause of the claim (hereinafter “instant real estate”) is jointly owned by the Plaintiff and the Defendants as described in paragraphs (1) through (3) of this Article.
In the auction procedure on the instant real estate, the Plaintiff acquired the ownership of the share by completely paying the sale price on December 14, 2016. After consultation with the Defendants on the partition of co-owned property, but failed to reach an agreement.
[Ground of recognition] A. 1-7 evidence, and the purport of the entire pleadings, the real estate of this case is a group of land. However, the land category is part of the site, part of the road, real estate is a road, and the real estate is actually being used as a passage. At present, the owners of the real estate of this case are all nine including the plaintiff, and the shares owned by each real estate are different, and the area, shape, location, and the distance from the passage road, etc. of the real estate of this case are considered to fall under a case where it is difficult or inappropriate to divide the real estate of this case in kind. Thus, since the real estate of this case is sold at auction, and the method of distributing the price according to the share ratio between the plaintiff and the defendants is deemed to be the most impartial and reasonable method.
2. The Defendants asserted that the Defendants cannot file a claim for partition of co-owned property, since the instant real estate is in co-ownership relationship.
Unless there exist special circumstances, such as the assessment of the instant real estate under the premise of a special co-ownership relationship in the auction procedure, and the auction is conducted with the determination of the minimum sale price, even if the instant real estate was in the initial co-ownership relationship as alleged by the Defendants, the purchaser acquires co-ownership shares in the entire real estate in the auction