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1. The remaining amount of the real estate listed in the annex 1 list after it is put to an auction and the auction cost is deducted;
Reasons
1. Basic facts
A. As to the real estate listed in the separate sheet No. 1 list (hereinafter “instant land”), the designated parties D, E, F, and G shared each of 1/4 shares. B. H acquired the said G shares on the instant land due to a compulsory sale by official auction on January 2, 2014, and the Defendant (Appointed Party; hereinafter “Defendant”) acquired the said H’s shares on the grounds of sale on December 4, 2014. (c) Thereafter, on February 9, 2015, the Defendant and the designated parties obtained the ownership of the instant land from “share” to “share oil.”
On October 24, 2016, the plaintiffs acquired the above F's shares as to the land of this case by public auction, 1/8 each. The plaintiffs, the defendant, and the designated parties shared the land of this case in proportion to their respective shares listed in the attached Table 2.
E. The instant land is farmland for which land rearrangement projects for agricultural production infrastructure have been implemented under the Rearrangement of Agricultural and Fishing Villages Act.
F. Meanwhile, there was no agreement between the plaintiffs, the defendant, and the designated parties on the prohibition of partition of co-owned property as to the land of this case, and there was no agreement on the method of partition.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Determination
A. According to the facts acknowledged above, the Plaintiffs, as co-owners of the instant land, may file a partition claim against the Defendant and the designated parties, who are other co-owners, pursuant to the main sentence of Article 268(1) of the Civil Act, as co-owners of the instant land, and as such, an agreement on the method of partition was not reached, the Plaintiffs may file a partition of co-owned property with the
B. In principle, partition of co-owned property according to one trial on the method of partition of co-owned property shall not be divided in kind as long as it is possible to make a rational partition according to each co-owner's share. However, in payment division, "in kind" cannot be divided in kind.