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1. The amount of real estate stated in the separate sheet shall be put to an auction and the remainder after deducting the auction cost from the price shall be attached;
Reasons
1. Facts of recognition;
A. The Plaintiff and the Defendants shared shares of 6,130/13,405 shares, Defendant B’s 4,960/13,405 shares, Defendant D’s 992/13,405 shares, and Defendant E shares of 1,323/13,405 shares, as stated in the separate sheet.
B. The Plaintiff and the Defendants did not agree on the division of the instant real estate.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, the Plaintiff, a co-owner of the instant real estate, may request the Defendants, other co-owners, to divide the instant real estate pursuant to Article 269(1) of the Civil Act.
B. Furthermore, we examine the method of partition of co-owned property
The following facts may be acknowledged as either in dispute between the parties or in Gap evidence 3-1 and 2 by integrating the whole purport of the pleadings:
① The instant real estate belongs to a management area under the National Land Planning and Utilization Act.
② Although the instant real estate is categorized as a dry field, most areas are used as dry field. However, as seen in the separate sheet, the instant real estate is not a tangible land, but a slope is formed that is, the line connecting the points of the 7, 6, 5, and 4, which can be said to be the north-east side of the instant real estate in sequence, and that the trees to the inside of the land is a sloping person.
(3) As a result, there is a substantial difference in the market price between the North Korea's land, which is the long range of the land indicated in the attached Form (A) in the shape of the land indicated in the attached Form (b).
On the other hand, Defendant B wishes to receive compensation for the price of KRW 90,000 per square meter’s shares (4,960 square meters) and Defendant D also wishes to receive compensation on the same condition as his own shares (92 square meters).
The plaintiff originally wanted to divide in kind, but changed its position to want to divide in kind.