공유물분할
1. The plaintiff shall be entitled to the amount remaining after deducting the auction cost from the proceeds of the ministry at auction.
1. Basic facts
A. The Plaintiff and the Defendant share the real estate listed in the separate sheet (hereinafter “instant real estate”) at the share ratio as stated in paragraph (1) of the disposition by the Plaintiffs, Defendants, and Nonparty L, M, and N (hereinafter “Co-owners abroad”).
B. The plaintiffs, non-party L, M, and N agreed to divide the price by auction because they did not reach an agreement on the division method of the real estate of this case. However, since the defendants did not contact with the defendants, all co-owners did not reach an agreement on the division method of the real estate of this case.
【Ground for recognition】 Each entry of evidence Nos. 1 through 4-2, and the purport of the whole pleadings
2. Determination
A. Co-owners may file a claim for partition of co-owned property (main sentence of Article 268(1) of the Civil Act). If a consultation on the method of partition does not lead to an agreement on the method of partition, co-owners may file a claim for partition with the court. If it is impossible to divide the property in kind or the value thereof is likely to decrease remarkably due to the division, the court may order auction of the property (Article 269 of the Civil Act). Accordingly, the Plaintiffs, co-owners, as co-owners, may file a claim for partition against the Defendants, other co-owners, pursuant to the main sentence of Article 268(1) and Article 269 of
B. According to each evidence in the method of partition of co-owned property, there are 14 equity right holders of the instant real estate. Some shares are subject to provisional registration or collateral security, and most equity right holders do not clearly dispute the payment of the instant real estate through auction. In light of all circumstances, considering the share ratio of the Plaintiffs, the Defendants, the non-party co-owners, the share ratio of the instant real estate, the location, form, size, use relation, etc. of the instant real estate, it is appropriate to give economic satisfaction corresponding to each share ratio of the Defendants and the non-party co-owners.