공유물분할
1.each real estate listed in the separate sheet is put up for auction:
(a) from the price of the real estate listed in Appendix 1.
1. Comprehensively taking account of the respective descriptions and arguments set forth in subparagraphs 1 through 14 of the Plaintiff and the Defendants’ co-ownership relation Gap, Eul’s evidence Nos. 1 through 14, and Eul’s evidence No. 1, the following facts are acknowledged: (a) real estate listed in the attached Table No. 1 was co-owned at the ratio of shares of the Plaintiff, F, Defendant B, and new cargo corporation, respectively; (b) on October 10, 2016, F sold the entire shares of the above real estate to Defendant D and completed the registration of the transfer of shares on the same day; and (c) on the above real estate, the Plaintiff, Defendant New Cargo Co., Ltd, D, and new cargo Co-ownership at each one-fourth share; (b) each real estate listed in the attached Table No. 2 through 7 is co-owned by the Plaintiff, Defendant New Cargo Co., Ltd, D, and E, respectively.
2. Although Defendant D is able to avoid the intention of other co-owners to purchase the shares of each co-owner as to each real estate listed in the separate sheet, it is reasonable to issue an auction for each real estate listed in the separate sheet, and divide the co-owned property by the method of payment in installments, in light of the following circumstances acknowledged by the aforementioned evidence, namely, the price difference proposed between co-owners is narrow. Each real estate listed in the separate sheet is not only the owner of the building but also the owner of the building, and it is highly likely to reduce the value of educational facilities and impede the use for other purposes if the real estate is divided in kind in kind. The Plaintiff and the Defendants fail to present an appropriate method of payment in kind as to each real estate listed in the separate sheet.
3. In conclusion, the real estate listed in the separate sheet No. 1 is put to an auction and the remaining amount after deducting the auction cost from the price is deducted from the auction cost. The real estate listed in the separate sheet No. 2 through No. 7 is put to the auction and the auction cost is deducted from the price.