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1. The 12,758 square meters and J-forest 10,347 square meters shall be put to an auction and the auction expenses shall be deducted from the price.
Reasons
The Plaintiff, Defendant B, C, D, and F share 2/30 shares, Defendant E-5/30 shares, and Defendant H H share 15/30 shares, respectively, on the grounds that the Plaintiff, Defendant B, C, D, and C share 2/30 shares, Defendant E-/30 shares, and the Plaintiff demanded the Defendants to divide the instant land, but the Plaintiff and the Defendants did not reach agreement on the method of division until the date of closing the pleadings of the instant case.
(C) Facts without any dispute, Gap evidence 1, 1, 2, and the purport of the entire pleadings. Since the plaintiff and the defendants, a co-owner of the land of this case, did not reach an agreement on the land division method, the plaintiff may file a judicial claim against the defendants for the land division pursuant to Article 269 (1) of the Civil Act.
We examine the method of partition of co-owned property.
In full view of the following circumstances that can be recognized by comprehensively taking into account the aforementioned facts and the purport of the entire pleadings, the Plaintiff filed the instant lawsuit by demanding the division of the land in kind, such as the purport of the claim, but the Defendants wished to divide the land of this case by means of selling the proceeds by auction without consent to the method of in-kind division as presented by the Plaintiff, and considering all the circumstances, such as the size, location, use status, use value after the division, market value, etc. of the land of this case, it is difficult or inappropriate to divide the land of this case in kind in kind, and it is reasonable to divide it by means of payment
Therefore, it is so decided as per Disposition by the assent of all participating Justices on the bench that the remaining amount of the land of this case, which was put up for auction and deducted from the auction cost, shall be distributed to the plaintiff and the defendants