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1. The remaining amount after deducting the expenses for the auction from the proceeds of the sale by selling the real estate listed in the separate sheet;
Reasons
1. Basic facts
A. The real estate listed in the separate sheet (hereinafter “instant real estate”) shares 5/11 shares, and 2/11 shares, respectively, by the Defendants.
B. No agreement was reached between the Plaintiff and the Defendants regarding the method of dividing the instant real estate until the closing date of the instant argument.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5 and the purport of the whole pleadings
2. Determination:
A. In light of the above facts of recognition, the Plaintiff, a co-owner of the instant real estate, may claim a partition of the instant real estate against the Defendants, who are other co-owners, pursuant to Article 269(1) of the Civil Act.
B. In principle, the partition of co-owned property by judgment shall be made by the method of in-kind division as long as a reasonable partition can be made according to the shares of each co-owner. However, even if it is impossible in-kind or possible in-kind, if the price might be reduced remarkably due to the auction of the co-owned property, the so-called price division shall be made by ordering the auction of the co-owned property and by dividing the price. However, in the price division, the requirement that "it may not be divided in-kind" is not physically strict interpretation. It includes cases where it is difficult or inappropriate to divide in-kind division in light of the nature, location, area, use situation of the co-owned property, use value after the
I would like to say.
(2) In light of the above legal principles, the real estate of this case constitutes a case where it is difficult or inappropriate to divide the real estate of this case in kind in consideration of the location, status, availability of contributions, future availability, etc. of the real estate of this case as well as the following circumstances, which are acknowledged by comprehensively taking account of the health account of the foregoing legal principles, the evidence presented by the parties as well as the overall purport of pleadings:
Therefore, this case.