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1. The real estate listed in the separate sheet No. 1 shall be put to an auction and the proceeds thereof shall be deducted from the auction cost;
Reasons
1. Facts of recognition;
A. Each real estate listed in the separate sheet No. 1 (hereinafter “each real estate of this case”) is jointly owned by the Plaintiff and the Defendants in proportion to their co-ownership shares listed in the separate sheet No. 2.
B. The Plaintiff and the Defendants did not reach an agreement on the division method of each of the instant real estate, which is public property, until the closing date of the instant argument.
【Reason for Recognition】 Each entry of evidence Nos. 1 through 3, and the purport of the whole pleadings
2. Determination
A. The Plaintiff and the Defendants shared each of the instant real estate, and the agreement on the method of partition of each of the instant real estate was not concluded between the parties. As such, the Plaintiff has the right to partition of co-owned property against the Defendants based on their co-ownership.
B. As a matter of principle, the partition of co-owned property based on a judgment on the method of partition of co-owned property shall be divided in kind in a manner that makes it possible to make a reasonable partition according to the share of each co-owner, and if it is impossible to divide in kind or in kind or if it is possible to divide in kind, the auction of the goods can be ordered only when the value thereof might be reduced remarkably, and it is not physically strict interpretation, and it includes the case where it is difficult or inappropriate to divide in kind in consideration of the nature, location, size, use situation of the co-owned property, use value after the division, etc.
(2) In light of the following circumstances, the ownership relationship is different as indicated in the separate sheet No. 2, i.e., the nature, location, area, utilization status, and the use value of each real estate of this case, each real estate of this case, in light of the following circumstances, which are acknowledged by comprehensively considering the purport of the entire arguments as to each of the above evidence, i.e., the ownership relationship is different as indicated in the separate sheet No. 2, and the real estate of this case is difficult or inappropriate to divide it in kind.