1. The plaintiff shall submit the real estate listed in the separate sheet to an auction and deduct the auction cost from the price.

Basic Facts

Attached Form

The Plaintiff shares the real estate indicated in the list (hereinafter “instant apartment”) in the proportion of 1/2 shares, and the Defendant shares the shares of 1/2 shares, and the fact that the agreement on the method of partition of the instant apartment is not reached is deemed to have been led to the confession between the parties.

Judgment

According to the above facts, the plaintiff, the co-owner of the apartment of this case, can file a claim against the defendant for the partition of the apartment of this case.

Furthermore, in full view of the purport of the argument in Gap evidence No. 1, it is impossible to physically divide the apartment of this case into one building, which is the object of partitioned ownership, as well as it is difficult for co-owners to fairly divide the apartment of this case, while maintaining the utility value of the apartment of this case. Thus, it is reasonable to divide the apartment of this case by the method of payment in installments because it falls under the case where it is difficult or inappropriate to divide

In conclusion, this case's apartment is sold to the plaintiff and the defendant who are co-owners according to the above ratio of shares and the remaining amount after deducting the auction cost from the auction price shall be decided as per Disposition.