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1. The plaintiff 1. The plaintiff 3031mm2 in Gangnam-gun, Gangnam-gun, Jeonjin-gun, which is the remainder after deducting the auction cost from the price.
Reasons
1. Basic facts
A. Five persons, including N, networkO, Defendant B, C, and D, originally owned shares of 1/5 shares. However, when the compulsory auction procedure for N’s 1/5 shares was conducted, the Plaintiff was awarded a bid for the said N’s 1/5 shares and completed the registration of ownership transfer on August 7, 2014.
B. Meanwhile, the networkO died on October 17, 1993, and the Defendant F, G, H, I, J, K, and L, who was his wife, succeeded to the above networkO’s property.
(A) Pursuant to this, Defendant E’s share in the instant real estate, Defendant F et al. inherited each of the 3/85 shares, and 2/85 shares.
There was no agreement prohibiting division between the Plaintiff and the Defendants, and no agreement was reached between the Plaintiff and the Defendants on the division of the instant real estate until the date of closing the argument.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. According to the above facts acknowledged, the plaintiff and the defendants shared the real estate of this case. Since the plaintiff and the defendants did not reach agreement on the division method of the real estate of this case by the closing date of arguments in this case, the plaintiff can claim the division of the real estate of this case against the defendants based on their co-ownership right.
3. Method of partition of co-owned property;
A. As to the instant real estate, the Plaintiff seeks the division of the instant real estate by means of payment payment due to the difficulties in dividing the instant real estate in kind.
B. Determination 1) If the co-owned property cannot be divided in kind or if the value thereof might be reduced remarkably due to the division, the court may order the auction of the property (Article 269(2) of the Civil Act) (Article 269(2) of the Civil Act). However, the requirement that the partition of co-owned property by a trial shall be carried out in kind as long as it is possible to make a reasonable partition according to the share of each co-owner, but the requirement that it cannot be divided in kind is physically strict.