1. He shall attach a field of 992m2, an I field of 2,893m2 to the auction and shall deduct the auction cost from the proceeds thereof.

Basic Facts

The fact that the original defendant shares each of the real estate stated in the order (hereinafter referred to as "each of the lands of this case") at the ratio of 1/7 shares is not disputed between the parties, or can be recognized according to the purport of each entry in the evidence of subparagraphs A and 3, and all of the pleadings.

Judgment

Although the partition of co-owned property by judgment is based on the method of in-kind division, it is reasonable to divide each land of this case according to the method of auction division in consideration of the following: (a) the majority co-owners of each land of this case are, and it is difficult to find a reasonable method of in-kind division which is equivalent to the share ratio and can give economic satisfaction to each person; (b) the plaintiff is seeking auction division; (c) the remaining Defendants except the defendant F do not raise any objection as to the auction division; and (d) the defendant F did not present the resolution of partition at the date of pleading.

In conclusion, it is decided as per Disposition by deciding to distribute to the original defendant the remaining amount after deducting the auction cost from the sale price by selling each of the lands of this case at auction.