공유물분할
1. [Attachment 1] The real estate stated in the [Attachment 1] shall be attached to the auction and the remainder after deducting the auction cost from the proceeds thereof (attached Form 2).
1. The real estate (attached Form 1) stated in attached Form 1 (hereinafter referred to as “instant land”) is jointly owned by the Plaintiff and the Defendants in proportion to each stated in attached Form 2.
The land of this case is an illegal steep slope, and some of the above ground may be a grave against the owner's unclaimed grave and a building collection.
[Ground of recognition] A without dispute, each entry or video of Gap evidence 1 to 2-12, the result of a request for market price appraisal, the purport of whole pleadings
2. From among co-owners of the instant land, it is difficult for Defendant E and J to conclude a partition agreement among co-owners because their whereabouts are unknown. In light of the following: (a) the method of division is examined as to the method of division; and (b) the status of co-ownership and use of the instant land recognized as above, it is difficult to find out the method of in-kind installment actually equitable by comprehensively adjusting the interests of the Plaintiff and the Defendants up to the closing of argument; and (b) there is no special circumstance to deem that the method of in-kind installment by price compensation is more appropriate.
Ultimately, it is recognized that the land of this case is more reasonable to divide the remaining amount after deducting the auction cost out of the proceeds by being attached to the auction rather than dividing it in kind according to their respective shares of the plaintiff and the defendants.
3. According to the conclusion, the land of this case is to be divided by auction in installments, and it is so decided as per Disposition.