공유물분할
1. The remaining amount after deducting the expenses for the auction from the proceeds of the sale by selling each real estate listed in the annexed Form 1 at an auction;
1. Basic facts
A. The Plaintiffs and the Defendants shared each real estate listed in the separate sheet No. 1 (hereinafter “each real estate of this case”) according to the co-ownership ratio listed in the separate sheet No. 2.
B. The Plaintiffs and the Defendants did not agree on the division of each of the instant real estate.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5
2. As a matter of principle, the method of partition of co-owned property based on the judgment on the cause of the claim is to be divided in kind as far as it is possible to make a reasonable partition according to the share of each co-owner. However, if it is impossible to divide in kind or in kind or if it is apprehended that the value might be significantly reduced, an auction may be ordered to divide in kind. In the price division, the requirement that “it is not possible to divide in kind” is not physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide in kind in light of the nature, location, area, use situation of the co-owned property, and use value after the division.
(2) Each real estate of this case constitutes a case where it is difficult or inappropriate for co-owners to fairly divide the real estate of this case with the utility value of each real estate of this case, and it is difficult to determine the method of dividing the real estate of this case by kind to satisfy all co-owners. Defendant D and G are served by public notice, and it is difficult for all co-owners to proceed with consultation on the method of partition. In light of the fact that the service of the real estate of this case is difficult for co-owners to proceed with consultation on the method of partition, and the remaining Defendants did not express special opinion on the method of dividing the common property, since each real estate of this case constitutes an auction and a case where it is difficult or inappropriate for co-owners to fairly divide the real estate of this case while maintaining the sale value of each real estate of this case.
Therefore, the division of each real estate of this case is by auction.