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1. The remainder of the money obtained by selling the real estate listed in the separate sheet to an auction and deducting the auction cost from the proceeds;
Reasons
1. The facts that the Plaintiff shared the real estate listed in the separate list of basic facts (hereinafter “instant real estate”) in 4/6 and 1/6 shares, are not disputed between the parties, and there was no agreement between the Plaintiff and the Defendants as to the method of dividing the instant real estate by the closing date of the argument in this case.
2. Determination
A. In principle, partition of co-owned property by trial shall be divided in kind as far as one in which a reasonable partition can be made according to the share of each co-owner, or the requirement that it cannot be divided in kind is not physically strictly interpreted, but it shall include cases where it is difficult or inappropriate to divide in kind in light of the nature, location or size of the co-owned property, the situation of its use, the use value after the partition, etc.
In addition, the phrase "if the property is to be divided in kind, if the value is likely to be reduced remarkably," includes cases where, even if a co-owner is a person, the value of the part to be owned independently due to the division in kind is likely to be significantly reduced compared to the value of the share before the division.
B. (See, e.g., Supreme Court Decision 2002Da4580, Apr. 12, 2002).
Inasmuch as it is difficult or inappropriate to divide the instant real estate in kind in consideration of the health stand, the intentions of the parties, the nature of the use of the instant real estate after division, etc. as to the instant case, it is the most equitable and reasonable to sell the instant real estate at auction, and to distribute the price according to the respective shares of the Plaintiff and the Defendants.
3. According to the conclusion, the Plaintiff and the Defendants agree to distribute the remaining money from the proceeds of sale of the instant real estate to an auction, after deducting the auction cost, according to the share sharing ratio, to the Plaintiff and the Defendants.