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1. Attached list;
1. The money remaining after selling the recorded immovables at auction and deducting the auction expenses from the proceeds thereof; and
Reasons
1. A list of the Plaintiffs and the Defendant’s basic facts
1. Attached list of the real estate stated;
2. The co-ownership of shares as stated in the share ratio, and the fact that no agreement was reached between the plaintiffs and the defendant as to the partition of co-owned property by the date of the closing of argument does not exist.
2. According to the facts of the above recognition, the Plaintiffs, co-owners of the above land, may file a claim against the Defendant for the partition of the above land, which is jointly owned.
With respect to the method of partition, in cases of dividing the jointly-owned property in kind in a trial or in cases of dividing it in kind, if it is impossible to divide it in kind or if the value thereof is apprehended to be significantly reduced, an auction of the article may be ordered, and the requirement of "shall not be divided in kind" is not physically strict interpretation but physically strict. It includes cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location or area of the article jointly-owned, the situation of its use, the use value after the division, etc.
(See Supreme Court Decision 2009Da40219, 40226 Decided September 10, 2009, etc.). In light of the evidence Nos. 1 through 7, it seems that it is the most equitable and reasonable to divide the above land into money through an auction, and to divide it into money through an auction, the plaintiffs holding 7/8 of the above land. The defendant holding 1/8 of the shares did not express any opinion on it. (2) In the event of a subdivision in kind, it is difficult in fact to comprehensively coordinate the interests between the plaintiffs and the defendant, such as the location and size of the land.
3. If so, the above land will be put up for auction, and the price shall be the ratio of the shares of the plaintiffs and the defendant.