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1. The remainder of the amount calculated by deducting the auction expenses from the proceeds by selling the entire 348 square meters to the auction, Gyeong-gun, Gyeongnam-gun, and then deducting the auction expenses from the proceeds.
Reasons
1. Basic facts
A. On July 4, 1949 with respect to the portion of 57/115 of the instant land, the registration of transfer of ownership in I’s name was completed as of July 4, 1949, and the remaining 58/115 shares on the same day.
B. I died on January 5, 198, and as his heir, K (spouse), Defendant B (C), Defendant C (V), Defendant D, Defendant D (P) and Defendant E were deceased on August 6, 2002, and L died on March 20, 2006, respectively, and there was Defendant F (spouse) and Defendant G (child) as his heir.
Ultimately, the Defendants succeeded to I’s 57/115 shares in the instant land at the same rate as indicated below in the “final inheritance portion following the L’s death” column.
See Article 1009 of the former Civil Act (amended by Act No. 4199, Jan. 13, 1990). K6/22 =30/110 - Defendant B6/22 = 30/110 - Defendant B6/22 = 30/110/30/110/6/110/110/36/50/36/110/36/110, Defendant C4/222 = 20/110/20/20/20/6/110/50 = 130/50/50/6/110/6/110 = 5/110/50/6/110/35/5/110/50 of the total inheritance due to the death of Korea.
C. Meanwhile, with respect to the portion owned by J-owned 58/115 of the instant land, the registration of transfer of ownership in the name of M was completed on June 29, 1985 on the ground of sale as of May 8, 1971, and the registration of transfer of ownership in the Plaintiff’s name was completed on the same date on November 6, 2017.
Of the instant land, the establishment registration of a neighboring association in the name of the N association, the maximum debt amount of which is KRW 600,000,000, was completed on January 10, 2018 with respect to the portion owned by Plaintiff 58/115, out of the instant land.
E. The Plaintiff and the Defendants did not reach an agreement on partition of co-owned property until the closing date of the instant argument.
[Ground of recognition] Unsatisfy, Gap evidence 1, 3 through 9 (including branch numbers in case of additional number), the purport of the whole pleadings
2. Determination: