Text
1. He shall sell the N Forest 9,253 square meters in Jeju Special Self-Governing Province at auction and deduct the auction costs from the proceeds thereof.
Reasons
1. Basic facts
A. The Plaintiff and the Defendants shared the land indicated in the text (hereinafter “instant land”) as shares of Plaintiff 662/9253, Defendant C 331/9253, Defendant D 1653/9253, Defendant D 162/9253, Defendant FF 1653/9253, Defendant G31/9253, Defendant L L 165/9253, Defendant M 165.5/9253, Defendant H 331/9253, Defendant B653/9253, Defendant I’s 1653/9253, and Defendant JJ 662/9253, and Defendant K 31/9253.
B. The Plaintiff and the Defendants did not agree on the method of dividing the above real estate until the closing date of the instant argument.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The Plaintiff and the Defendants shared the instant land, and the parties did not reach an agreement on the method of partition of the said land, so the Plaintiff may file a claim for partition of co-owned property against the Defendants, other co-owners.
In principle, the division of co-owned property through a trial is divided in kind, but when considering the number of co-owners and their shares in the above land, it is highly difficult or inappropriate to divide the property in kind in this case. In light of the overall circumstances revealed in this case, especially the fact that majority of the defendants want the division by auction, it seems fair and reasonable to sell the above land by auction and distribute the sale price according to the co-ownership of the plaintiff and the defendants.
3. In conclusion, the remaining amount of the land of this case, which was put up for an auction and deducted from the auction expenses, shall be distributed to the plaintiff 662/9253, 331/9253, 332/9253, 1652/9253 to the defendant Eul, 662/9253, to the defendant Eul, 1653/9253, to the defendant Eul, 331/9253, to the defendant Eul, 165.5/9253, to the defendant Eul, 165.5/9253, to the defendant Eul, 331/9253, to the defendant Eul, 653/9253, to the defendant Eul, 1653/9253, to the defendant J, 662/9253, and 331/9253.