The auction cost is deducted from the price, which is sold to auction real estate H 3891 m2.7 m2 in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu.

1. Facts of recognition;

A. The Plaintiff, Defendant C, D, Selected, J, K, L, Defendant (Appointed Party) G (hereinafter “P”), and the network M shared with the Plaintiff, Defendant C, and D, Appointed-gu H 3891 square meters (hereinafter “instant real estate”), and Defendant C, J, K, Defendant (Appointed Party).

On the other hand, the deceased on July 10, 2015, and the deceased on July 10, 2015, there was Defendant E and Defendant F as the inheritor, but Defendant F transferred all of the shares in the instant real estate to the deceased on August 4, 2020.

B. Until the closing date of the instant pleadings, there was no special agreement between the Plaintiffs and the Defendants on the prohibition of partition of the pertinent real estate, and there was no agreement on the method of partition of the instant real estate.

[Ground of recognition] Unsatisfy, Gap 1-3 evidence, Eul 1 evidence, the purport of the whole pleadings

2. Determination:

A. According to the above fact-finding, the claim against the remaining Defendants except Defendant E is established. According to the above fact-finding, the Plaintiffs may claim for the division of the instant real estate owned by the said Defendants against other co-owners as co-owners of the instant real estate, which is jointly owned by the said Defendants.

2) As a matter of principle, the division of co-owned property by a judgment on the method of non-division of co-ownership shall be made in kind as long as it is possible to make a reasonable division according to the share of each co-owner. However, if it is impossible to divide it in kind or if it is possible to divide it in kind in kind, the value of the property would be significantly decreased (see Article 269(2) of the Civil Act). The above requirement does not physically strictly interpret it, but includes cases where it is difficult or inappropriate to divide it in kind in light of the nature, location, area, use situation, and use value after the division (see, e.g., Supreme Court Decision 2002Da4580, Apr. 12, 2002). The above evidence and the purport of the entire pleadings are comprehensively considered as follows.