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1. The remainder of each land listed in the separate sheet, which is referred to an auction and deducts the auction expenses from the price;
Reasons
1. Basic facts
A. Each land listed in the separate sheet (hereinafter “instant land”) was owned by the Plaintiff, the network S, and T, respectively, in 1/3 shares.
B. On October 191, 191, the deceased Non-Party V, Defendant J, K, L, M, N, andO, the spouse of the deceased Non-Party V, Defendant J, K, M, N, andO jointly succeeded. On December 30, 2015, Non-Party U died, and the Defendants, who are their children, jointly succeeded to the ratio of 1/7 each.
C. Around November 2001, the network S died and jointly inherited the Defendant C, D, E, F, G, H, and I, their children, at their respective 1/7 rates.
Meanwhile, the Plaintiff filed a lawsuit for partition of co-owned property as the Daejeon District Court Branch Branch 2015Kadan3238, and even though V died on August 18, 2017, which was the date on which the pleadings of the said lawsuit were closed, the Plaintiff was only punished, and the said court rendered a judgment on October 26, 2017, and the said judgment became final and conclusive.
E. The deceased on August 18, 2017, and Defendant P, Defendant Q and R, his spouse, jointly succeeded to.
F. As to the instant land between the Plaintiff and the Defendants, consultation on the method of subdivision was not made until the date of closing the argument.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. Determination
A. According to the above acknowledged facts, the Plaintiff, co-owner of the land of this case, can file a co-owned property partition claim against the Defendants, other co-owners, pursuant to Article 269(1) of the Civil Act.
(b) In case of dividing the jointly-owned property through a judgment on the method of partition of co-owned property, in principle, if the co-owned property is divided in kind with the one in which a reasonable partition can be made according to the share of each co-owner, or if it is impossible to divide it in kind or in kind or if it is possible to divide it in kind, the value thereof may decrease remarkably,
(see, e.g., Supreme Court Decision 2002Da4580, Apr. 12, 2002). In this case, health class, the Plaintiff’s land in this case.