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1. The sale of 1,090 square meters in the Gu-U.S. AE field shall be put to an auction and the auction cost shall be deducted from the sale price.
Reasons
1. Basic facts
A. The Plaintiff A, AH, and Defendant P share 1/3 of the 1,090 square meters in the Gu and Si, respectively, and the Plaintiff A, AH, and AI share 1/3 of the 853 square meters in the Gu and Si, respectively, and the Plaintiff A, AH, and AI share 1/3 of the 2,82 square meters in the Gu and Si, Gu and Si, AH, and AI share 1/3 of the 1/3 shares.
(hereinafter referred to as the “land of this case”). B.
AJ, after the death of February 2, 1981, succeeded to the shares of the deceased AJ on the third land of this case, and completed the registration of ownership transfer by the relevant shares stated in the attached Form 3 Land Ownership on May 25, 2017.
C. On June 13, 2004, Defendant Qu, R, S, T, U, and V jointly inherited the net AH’s share in each of the instant land, but the registration of transfer of ownership due to inheritance was not completed.
In October 30, 1991, the AI succeeded jointly to the shares of the network AI with respect to the land of this case 2 and 3 by Defendant W, K, P, Z, AA, and L, but the transfer of ownership due to inheritance did not complete the registration.
AK died on January 6, 2008, and succeeded to the shares of Defendant X and Y, each by 1/2, and AL succeeded to the shares of Defendant AB 3/7, Defendant AC, and AD, each by 2/7 shares. D.
Until the closing date of the instant argument, the agreement between the Plaintiffs and the Defendants on the method of dividing each of the instant lands was not reached.
[Ground of recognition] Facts without dispute, each entry in Gap's 1 through 13 (including each number), the purport of the whole pleadings
2. Determination
A. In light of the above facts acknowledged, the Plaintiffs, co-owners of each of the instant lands, may file a claim against the Defendants, who are other co-owners, for the division of the instant real estate pursuant to Article 269(1) of the Civil Act.
(b) Co-owned property partition by judgment shall be, in principle, made by the method of spot partition in so far as a rational partition can be made according to the shares of each co-owner, or if it is impossible or possible in kind, if the price might be reduced remarkably due to such cause, the co-owned property shall be jointly owned.