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1. The remaining amount of each real estate listed in the separate sheet after deducting the expenses for auction from the proceeds of auction;
Reasons
1. Basic facts
A. The plaintiffs and the defendant are children between H and I.
H died on March 4, 2009.
Accordingly, each real estate listed in the separate sheet (hereinafter “each real estate of this case”) which was owned by H (hereinafter “each real estate of this case”), and when referring to each individual real estate, I (3/17) who is the heir of H, and the plaintiffs and the defendant (2/17) respectively inherited each of the real estate of this case according to the sequence.
B. On September 13, 2013, the Defendant purchased 2/17 of the Plaintiff C’s share of each of the instant real estate in the process of the J auction by the Daejeon District Court for the compulsory auction.
C. I died on June 20, 2014, and 3/17 of I’s shares in each of the instant real estate was inherited by the Plaintiffs and the Defendant, their successors, respectively.
As of the date of closing argument of the instant case, the Plaintiff A, B, D, E, and F shares in each of the instant real estate (=2/17 3/17 x 1/7 x 1/7), the Plaintiff C/19 (=3/17 x 1/7), and the Defendant 31/119 (=2/17 2/17 / 17 / 17 x 1/7).
E. There was no agreement between the Plaintiffs and the Defendant on the method of dividing each of the instant real estate by the date of closing the argument in this case.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. The assertion and judgment
A. According to the basic facts, the Plaintiffs, co-owners of each of the instant real estate, may file a claim against the Defendant, who is another co-owner, for the partition of each of the instant real estate under Article 269(1) of the Civil Act. (2) The Defendant asserts to the effect that, on March 29, 2017, the compulsory auction procedure for each of the instant real estate shares of Plaintiff B and C, among each of the instant real estate, began on March 29, 2017, the Plaintiff B and C, the disposal right of which was limited, cannot seek partition of co-owned property.
However, even if some shares of each real estate of this case are in progress in the auction procedure, co-owners' right to partition co-owned property.