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1. The real estate listed in the separate sheet 1 shall be put to an auction and the remaining amount after deducting the cost of auction from the proceeds of sale;
Reasons
1. In full view of the purport of the entire arguments as to the evidence Nos. 1 through 15, it is recognized that the Plaintiff and the Defendants shared each real estate listed in the separate sheet No. 1 (hereinafter “each real estate of this case”) as co-ownership shares listed in the separate sheet No. 2, and that the parties did not reach a co-ownership agreement as to each real estate of this case.
In full view of the following facts: (a) the Plaintiff sought a partition of each real estate of this case pursuant to Article 269(1) of the Civil Act; (b) the method of specific partition is a road; (c) the current state of each real estate of this case is a road; (d) the Plaintiff wishes to sell and divide the real estate; and (e) the Defendants are deemed to have no special objection thereto, it is reasonable to deem the method of auction division under
2. In conclusion, each of the instant real estate is sold at auction and the remainder after deducting the auction cost from the sale price shall be distributed to the Plaintiff and the Defendants in proportion to their respective shares. It is so decided as per Disposition.