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1. The real estate listed in the separate sheet 1 and 2 shall be put to an auction and the proceeds thereof shall be deducted from the auction cost.
Reasons
Facts of recognition
Attached Form
The real estate listed in the list 1 and 2 (hereinafter referred to as “each of the real estate of this case”) is owned by the Plaintiff and the Defendant as one-half shares, and the fact that no agreement has been reached between the Plaintiff and the Defendant regarding the method of dividing each of the real estate of this case may be acknowledged by considering the overall purport of the pleadings in the statement in the evidence Nos. 1 and 4.
A co-owner who has claimed by the parties or the right to claim partition of co-owned property may claim a partition of the co-owned property (main sentence of Article 268(1) of the Civil Act). If the consultation on the method of partition does not lead to an agreement, co-owners may file a claim for partition with the court; if it is impossible to divide in kind or the value thereof is likely to decrease remarkably due to the division, the
(Article 269 of the Civil Act). Therefore, the Plaintiff, a co-owner, may file a claim against the Defendants, who are other co-owners, for the partition of each of the instant real estate pursuant to the main sentence of Article 268(1) and Article 269
Co-owned property partition by judgment on the method of partition shall be in principle made in kind or in kind, or it is impossible to divide it in kind or in form.
Even if there is a concern that the price will be reduced remarkably due to it, the auction of the article jointly owned shall be ordered in accordance with Article 269, Paragraph 2 of the Civil Code, and the price shall be divided by the so-called price division.
Since it is impossible to divide each real estate in kind as an aggregate building that is the object of divided ownership, it is reasonable to divide the real estate by means of auction.
In conclusion, it is decided as per Disposition that each of the real estate of this case shall be sold at auction and the remaining amount after deducting the auction cost from the price shall be divided in the proportion of 1/2 to the plaintiff and the defendant.