1. The amount remaining after the amount of the auction cost is deducted from the proceeds of the auction, which is sold to the auction for the Nam-gu Incheon Metropolitan City D major 973m2.8m2.

1. Basic facts

A. On December 22, 1978, the Plaintiff married with Defendant B, and had Defendant C under the chain.

The Plaintiff and Defendant B filed a lawsuit of divorce and the claim of consolation money, etc. with Seoul Family Court 2012dhap1037 (principal lawsuit), 2013dhap10734 (Counterclaim), and the said court rendered a judgment on September 4, 2014 that the Plaintiff and Defendant B divorced.

B. On June 18, 2003, the Incheon District Court received No. 63347 on June 18, 2003, and the registration of transfer of ownership in the name of the Plaintiff and the Defendants was completed on May 25, 1998.

C. Until the date of the closing of the instant argument, there was no agreement between the Plaintiff and the Defendants on the method of dividing the instant real estate.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including additional number), the purport of the whole pleadings

2. The method of partition of co-owned property by judgment is, in principle, in kind, in which a reasonable partition can be made according to the co-owner's share. However, if it is impossible to divide it in kind or if it is apprehended that the value might be reduced remarkably, an auction may be ordered to divide it. In the payment, the requirement that "it cannot be divided in kind" is not physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide it in kind in light of the nature, location, area, use situation, use value after the division, etc. of the co-owner's share.

(see, e.g., Supreme Court Decision 2009Da40219, 40226, Sept. 10, 2009). One side of the instant real estate is a land in a rectangular shape, which is linked to F roads, in the south-gu Incheon Metropolitan City E road, and in the case of the instant land for three minutes, the part abutting on the road is different from each other, and the economic value differs. The Defendant C is served by service by public notice, and all co-owners are consulted on the method of division.