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1. The real estate listed in the separate sheet shall be put up for an auction, and 1/1,00 of the amount obtained by deducting the auction expenses from the price; and
Reasons
1. The Plaintiffs were born between Non-Party deceased D (hereinafter “the Deceased”) and her mother, and the Defendant was a person who married with the Deceased. Each of the real estate listed in the separate sheet was originally owned by the Deceased. As the Deceased died on June 2009, the Plaintiffs jointly inherited the shares of 2953/10,000, and the Defendant jointly inherited the shares of 4094/100.
Meanwhile, since the death of the deceased, the defendant has continued to exist with the plaintiffs and joint owners.
The real estate mentioned in the subsection has been used independently by the plaintiffs, and the plaintiffs filed a lawsuit against the defendant to deliver the real estate listed in the separate sheet and to return unjust enrichment equivalent to the rent (the District Court 2013da35900, 2015Na10524) and received some winning judgments.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3 (including paper numbers), the purport of the whole pleadings
2. A among the real estate listed in the separate sheet for determination.
The real estate stated in the paragraph is an apartment located in Yongsan-gu Seoul Metropolitan Government and B.
paragraphs (1) through (4)
The real estate stated in paragraph (1) is real estate located in Gyeonggi-gun G, and the market price is different. Accordingly, the plaintiffs and the defendant want to have the sole ownership of the apartment of Yongsan-gu Seoul Metropolitan Government, nine years or more after the deceased died, and the plaintiffs and the defendant had already been subject to the above procedure, but they did not reach an agreement, but failed to reach an agreement by selling Yongsan-gu apartment, and the lawsuit of this case was also attempted to sell the apartment of Yongsan-gu but divided the proceeds. Thus, it is deemed appropriate to place each real estate listed in the separate list for auction and distribute the proceeds of the auction for each share of the shares. Therefore, it is so decided as per Disposition.