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1. The plaintiffs shall pay the remaining money after deducting the auction cost from the proceeds by selling the real estate listed in attached Form 1 to an auction.
Reasons
1. According to the purport of Gap's claim for partition of co-owned property, Gap evidence No. 2 and the whole pleadings, the plaintiffs and the defendants share the real estate in attached Form No. 1 (hereinafter "the real estate in this case") in their shares in attached Form No. 2, and the facts that consultation on the method of partition of the real estate in this case between the plaintiffs and the defendants did not lead to agreement.
According to the above facts of recognition, the plaintiffs, co-owners of the real estate of this case, can file a claim for partition of co-owned property against the defendants, other co-owners, pursuant to Article 269(1)
2. In principle, the partition of co-owned property in kind is to be made in the case of the partition of co-owned property according to the method (1). However, the requirement that the partition in kind cannot be made in the case of the partition in kind, not physically strict interpretation, but physically strict interpretation. It includes cases where it is difficult or inappropriate to divide the partition in kind in light of the nature, location, area, situation of use, use after the partition, use value, etc. of the co-owned property.
(2) In full view of the following circumstances, it is difficult to divide the real estate of this case into two thousand square meters or less as farmland where the agricultural infrastructure development and expansion project under Article 22(2) of the Farmland Act is performed, and it is impossible to divide the real estate of this case into two thousand square meters or less as farmland where it is impossible to divide the real estate of this case into two thousand square meters or less as farmland where it is performed with an agricultural infrastructure development and expansion project under Article 22(2) of the Farmland Act, and ② if the real estate of this case is divided into money in kind with the area calculated according to the ratio of shares of the plaintiffs and the defendants, the area owned by the plaintiffs shall be less than 2,00 square meters, ③ The plaintiffs want to divide the price, and the defendants do not raise any objection thereto.