공유물분할
1. An amount of money obtained by deducting the expenses for auction from the proceeds of a sale by selling the real estate listed in the real estate list;
The Plaintiff and the Defendants jointly own the real estate listed in the attached Table 1’s list (hereinafter “instant real estate”) according to their respective co-ownership shares listed in the attached Table 2.
The Plaintiff and the Defendants jointly owned the instant land at the same ratio as the instant real estate, which is the site for the instant real estate (hereinafter “instant land”). However, Defendant F filed a lawsuit against the Plaintiff and the other Defendants (so-called Dayang-gu District Court 2016Gadan17722) seeking the division of the instant land, and on August 9, 2017, sentenced the judgment that “the instant land is put to auction and is distributed according to the share ratio” and the said judgment became final and conclusive.
[Grounds for recognition] In full view of the fact that there is no dispute, Gap 1 and 2 evidence, and the purport of the entire pleadings, the real estate in this case is not appropriate to divide it into the residential building in which defendant D is residing, the judgment of dividing the land in this case owned by the plaintiff and the defendants into an auction method has become final and conclusive with respect to the land in this case, not only the defendant D residing in the real estate in this case, but also the defendant F expressed his intent to purchase the real estate in this case, and the plaintiff and the defendants attempted to consult in the previous lawsuit but did not find the agreed point, it constitutes a case where it is difficult or inappropriate to divide the real estate in kind in kind, and the method of distributing the price according to the share ratio between the plaintiff and the defendants after selling the real estate in this case