공유물분할
1. The amount of money remaining after deducting the auction cost from the proceeds of the auction, which is sold to the auction for a reasonable area of Cheongju-si E 783 square meters.
1. Facts of recognition;
A. The land of this case was owned by F 3/11 shares, G, H, Defendant B, and C, respectively, for a considerable amount of 783 square meters in Cheongju-si E-gu, Cheongju-si (hereinafter “instant land”).
B. On November 1, 1995, the Cheongju District Court K real estate auction procedure with respect to H-2/11 shares among three parcels of land, including the instant land and Cheongju-si I land and J land, the decision of granting a successful bid to Defendant D, which is the highest price (665,000 won) bidding report for the instant land, was made on February 5, 1996, which is the highest price (910,000 won) bidding report for the remaining two parcels of land, which is the highest price (910,000 won) bidding report.
C. L, on March 21, 1996, completed the share transfer registration for the land of the Cheongju-si and J land on February 5, 1996. However, as to Defendant D, the share transfer registration based on the successful bid was not completed.
On the other hand, the above successful bid price was fully paid, and the court of execution prepared a distribution schedule stating that the amount of KRW 1,580,552 shall be distributed to the requesting creditor M. M. of the requesting creditor (=65,000 won as security deposit of KRW 1,575,00,000 as security deposit of KRW 91,472 as security deposit and KRW 5,552 as security deposit amount of KRW 1,575,00 as security deposit) to be distributed on March 28, 1996.
On February 27, 1996, the Plaintiff completed the registration of ownership transfer on the ground of F’s 3/11 shares and G 2/11 shares among the land in this case on February 27, 199.
E. The Plaintiff (11/5 shares) and the Defendants (2/11 shares, respectively), who are co-owners of the instant land, did not reach an agreement as to partition of co-owned property by the date of closing argument of the instant case.
[Reasons for Recognition] Defendant B, C: Each entry in Gap evidence Nos. 1 through 3 (including each number), as a whole, defendant D: deemed as confession
2. The method of partition of co-owned property by judgment shall be, in principle, made in kind so far as it is possible to make a rational partition according to the share of each co-owner, or, if it is impossible to divide in kind or in kind, or if it is apprehended that the value thereof might be reduced remarkably, an auction shall be ordered.