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1. The plaintiff shall sell the real estate listed in the separate sheet at auction and deduct the auction cost from that price.
Reasons
1. Basic facts
A. The Plaintiff, Defendant C, D, and E share 2/11 of each of the real estate listed in the separate sheet (hereinafter “instant apartment”), and Defendant F share 3/11 of each of them.
B. The Plaintiff and the Defendants did not agree on the method of dividing the instant apartment.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination
A. According to the above acknowledged facts, as of the date of closing argument of this case, the Plaintiff may file a claim against the Defendants for partition of the apartment of this case, barring special circumstances, such as the agreement prohibiting partition, since there was no agreement on the method of partition of the apartment of this case between the Plaintiff and the Defendants.
B. The partition of co-owned property by the method of partition is, in principle, divided in kind as long as it is possible to make a reasonable partition according to the share of each co-owner. If it is impossible to divide in kind or the value thereof is likely to be substantially damaged due to the division, the proceeds should be divided through an auction (Article 269(2) of the Civil Act). ① When the apartment of this case is divided in kind according to the share ratio, there is a concern that the parties can not use each divided part of the apartment of this case independently, and its property value may be significantly reduced. ② The defendants are difficult or inappropriate to adopt the method of the in-kind partition by price compensation because they are not present at the date of pleading without submitting a written response. ③ The defendants also participated in the auction procedure based on the price partition judgment and can be awarded the successful bid of this case. In light of the fact that the method of payment by auction cannot be deemed to be unilaterally unfavorable to the defendants, the remaining amount after the auction of this case is deducted from the auction cost and the defendants' shares.