Attached Form

Real estate stated in the indication of real estate shall be put to an auction and the auction expenses shall be deducted from the proceeds thereof.

1. Facts of recognition;

A. The Plaintiff and the Defendant are co-owners who own 1/2 shares of each real estate indicated in the indication of the attached real estate (hereinafter “each of the instant real estate”).

B. No agreement was reached between the Plaintiff and the Defendant on the method of dividing each of the instant real estate until the closing date of the argument.

There is no special agreement between the Plaintiff and the Defendant regarding the use of each of the instant real estate or that the instant real estate is not divided.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts acknowledged as above, the Plaintiff, a co-owner of each real estate of this case, may claim the division of each real estate of this case against the Defendant, who is another co-owner.

B. The following circumstances revealed in full view of the purport of the entire arguments as seen earlier, namely, the Defendant’s share in each of the instant real estate is likely to be complicated in the event of the establishment of a collateral security right, and the Plaintiff’s share was agreed upon by the Defendant by the purchase method but did not reach an agreement with the purchase price difference. In light of the shape and use status of each of the instant real estate, each of the instant real estate is difficult or inappropriate to divide in kind, and it is the most equitable and reasonable method to distribute the price through an auction.

3. In conclusion, each of the instant real estate is to be sold at auction and its price is to be divided according to the share ratio between the plaintiff and the defendant. It is so decided as per Disposition.