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1.(a)
Attached Form
The real estate listed in the list of paragraph (1) shall be put to an auction and the auction expenses shall be deducted from the proceeds.
Reasons
1. The Plaintiff and the Defendant, as to the claim for partition of co-owned property, share each real estate listed in the separate sheet No. 1 (hereinafter referred to as “instant site”; the building listed in the separate sheet No. 2 as “instant building;” and collectively referred to as “each of the instant real estate” in the separate sheet No. 1; and the fact that the agreement on the method of partition of co-owned property was not concluded is either nonexistent between the parties, or can be acknowledged in full view of the purport of the entire pleadings in the evidence No. 1, No. 1, No. 2, and No. 3-1, No. 3-2. Thus, the Plaintiff may file a claim against the Defendant, co-owner, for partition of each of the instant real estate.
2. Method of partition of co-owned property;
A. In principle, partition of co-owned property according to the relevant legal principles is to be made in kind so that each co-owner can make a rational partition according to his/her share. However, if it is physically impossible to divide the co-owned property in kind or it is difficult or inappropriate to conduct partition in kind in light of the nature, location or size of the co-owned property, use status, use value after the partition, etc., the co-owned property shall be put
(Article 269(2) of the Civil Code. The requirement that "shall not be divided in kind" is not physically strict. It includes cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, use status, value of use after the division.
(2) In the case of a co-owner's in-kind, "if the value of the property is likely to be reduced significantly if the property is divided in kind" also includes the case where the value of the property to be owned by the sole owner is likely to be reduced significantly than the value of the property before the division.
B. (See Supreme Court Decision 2002Da4580 delivered on April 12, 2002, etc.).
Judgment
The facts of the above recognition and adopted earlier.