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1. The amount of real estate listed in the separate sheet remaining after the cost of auction is deducted from the proceeds of auction;
Reasons
1. Facts of recognition;
A. With respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), the Plaintiff and the Defendants shared the share of 1/6 shares, 1/6 shares of Defendant B, 4/6 shares of Defendant C’s lawsuit, respectively.
B. There was no agreement between the Plaintiff and the Defendants on the method of dividing the real estate of this case until the date of closing the argument of this case.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 3 (including branch numbers, if any) and the purport of whole pleadings
2. As can be seen in light of the above facts of determination and conclusion and the purport of the entire pleadings, with respect to D, among the co-owners of the instant real estate, the lawsuit acceptance of the Defendant deceased C, the instant trial was conducted by service, and it is practically impossible to hold a consultation on the spot distribution, and Defendant B also does not clearly oppose the auction division, it is the most reasonable way to divide the instant real estate into the auction and the auction by way of distributing the remaining amount after deducting the auction expense from the price to the Plaintiff and the Defendants, who are co-owners of the instant real estate, in proportion to their shares.
Therefore, it is reasonable to distribute to the Plaintiff the remaining amount after deducting the auction cost from the sale price by selling the instant real estate at auction, according to the ratio of 1/6, 1/6, and 4/6 to the Plaintiff, who is the party taking charge of the lawsuit of Defendant Dong C. As such, the Plaintiff’s claim seeking the division of the instant real estate by the above method is justified and it is so decided as per Disposition.