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1. The amount of real estate listed in the separate sheet remaining after the cost of auction is deducted from the proceeds of auction;
Reasons
1. Basic facts
A. On August 2, 2001, the deceased D (hereinafter “the deceased”) and the Defendant registered the transfer of ownership on each one-half portion of the real estate listed in the separate sheet (hereinafter “the instant real estate”) on August 2, 2001 (the grounds for sale and purchase on June 29, 2001). B. The deceased died on June 4, 201, and his heir was the Plaintiff, a child.
The Plaintiffs registered the transfer of ownership with respect to each portion of the instant real estate on July 3, 2019 (the ground for the division of inherited property on June 4, 2019): [Evidence: Evidence No. 1 through 6, and previous purport of pleading]
2. Judgment on the partition claim of the article jointly owned
A. As to the division of the article jointly owned, Article 269 of the Civil Code provides, “If the agreement on the division method has not been reached, co-owners may request the court to divide the article.
(2) When it is impossible to divide in kind or the value thereof is likely to be reduced remarkably due to a division, the court may order an auction of goods.
“......”
In principle, the co-owned property can be divided in kind as long as each co-owner's share can be reasonably divided. However, the requirement of "undivided in kind" is not physically strict interpretation. It includes cases where it is difficult or inappropriate to divide in kind in light of the nature of the co-owned property, location or size, the situation of its use, and the use value after the division (see Supreme Court Decision 2002Da4580, Apr. 12, 2002, etc.). (b) In light of the above facts and evidence, the real property of this case is the co-owned property of this case, each of the plaintiffs 1/4 shares, defendant 1/2 shares, and the real property of this case is jointly owned by the plaintiffs and the defendant, and it is extremely inappropriate to divide in kind as the apartment of this case, and the defendant also acknowledges that there is no adequate method other than the auction of the real property of this case.