공유물분할
1. The real estate “D Forest land 48397m2” in the Seoul Special Self-Governing Province shall be sold to auction and the auction cost shall be deducted from the price.
1. The real estate of this case is jointly owned by the plaintiffs 1/4 and the defendant 1/2 shares, and the plaintiffs demand the defendant to divide the real estate of this case, but the fact that the method of division does not yet reach an agreement is not disputed between the parties, or it is recognized in full view of the purport of the entire pleadings in the statement of evidence No. 2 of this case.
The plaintiffs purchased 1/2 shares of non-party E among the real estate in this case on September 6, 2014, and agreed that E shall divide the portion (A) part (a) of the ship (24,198.5 square meters as owned by the plaintiffs) and the part (a) of the above part among the real estate in this case into the part (a) 24,198.5 square meters as owned by the plaintiffs, since E purchased 1/2 shares of non-party E among the real estate in this case, the above agreement between the plaintiffs and non-party E cannot be effective against the defendant, the plaintiffs' above assertion is rejected.
On the other hand, considering the fact that there is no alternative to divide the instant real estate in kind or otherwise divide it into other ways, it is reasonable to divide the remaining amount after deducting the auction cost from the price by selling the instant real estate at auction and distributing it to the Plaintiffs and the Defendant in proportion to their shares.
2. The order to divide the co-owned property as to the instant real estate as ordered in conclusion.