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1. The disposal of each real estate listed in the separate sheet No. 2 by auction shall be the remainder after deducting the costs of the auction from the proceeds thereof;
Reasons
1. According to the Gap evidence No. 1 as to the claim for partition of the jointly owned property, the plaintiff and the defendants shared each real estate listed in the separate sheet No. 2 as shown in the separate sheet No. 3 (hereinafter “instant real estate”).
In addition to the following circumstances revealed in the above facts of recognition, each of the above real estate constitutes a case where it is difficult or inappropriate to divide the real estate in kind in light of the equity of the parties, the use value after the division, etc.
In principle, it is not easy to calculate the location and market price so that the common property can be divided in kind by taking into account the location of the land to be divided if the common property is divided in kind, but in this case, the number of co-owners is high, and the share ratio is different.
In addition, the real estate described in Paragraph 2 among the real estate in this case is divided in kind at the share ratio, there are a considerable number of land less than the minimum divided area.
There is no evidence that the plaintiff and the defendants agreed on the division of co-owned property.
The plaintiff purchased shares through the sale process due to the declaration of bankruptcy and seems to have no relationship with the defendants, and there is no personal relationship between the previous owners.
The actual substance of the Plaintiff did not specifically express any objection against the Plaintiff’s claim for payment.
(1) The real estate of this case is classified as forest land and land category, and is not directly used by the Plaintiff or the Defendants.
The actual substance of the pertinent real estate is only registered as a co-ownership of the Plaintiff and the Defendants, and there is no particular limitation on rights.
2. According to the conclusion, each real estate mentioned in the order is put to an auction and the remaining amount after deducting the auction cost from the proceeds of the sale is distributed to the plaintiff and the defendants at each ratio listed in the attached Table 3.