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1.(a)
1. The real estate listed in paragraph 1 of the list shall be put to an auction and the proceeds thereof shall be deducted from the auction cost.
Reasons
Facts of recognition
The Plaintiff and the Defendants shared each real estate listed in the separate sheet No. 1. List (hereinafter “each of the instant real estate”) by shares listed in the separate sheet No. 2. The fact that the Plaintiff and the Defendants did not have any agreement on the method of partition of each of the instant real estate by the closing date of the pleadings of this case does not conflict between the parties, or that the agreement on the method of partition was not reached between the Plaintiff and the Defendants, may be acknowledged by considering the overall purport of the pleadings as a whole.
Judgment
According to the above facts of recognition, the Plaintiff is a co-owner of each real estate of this case, and there is no agreement on the method of division with the Defendants, who are other co-owners. Thus, the Plaintiff may claim against the Defendants for the division of each real estate of this case.
Furthermore, with respect to the method of partition of each real estate in this case, the method of partition in kind is in principle, and if it is not possible to divide in kind in kind or if it is apprehended that the value will be significantly reduced, an auction may be ordered, and the case of dividing in kind shall not be interpreted physically strictly, but shall include the case where it is difficult or inappropriate to divide in kind in light of the nature, location, area, use status, and use value after the division.
I would like to say.
According to the evidence mentioned above, while the plaintiff sought a partition of co-owned property, most defendants except defendant E, F, and G did not present any opinion as to the method of partition. In light of all circumstances such as the number of co-owners of each real estate of this case, the size and use status of each real estate of this case, and the expected usage value after partition, it is difficult to divide each real estate of this case into money in kind.