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1. The real estate listed in the separate sheet shall be put to an auction and the remainder after subtracting the auction cost from the proceeds of the sale;
Reasons
1. Determination
A. According to the reasoning of the judgment as to the cause of the claim, Gap's evidence Nos. 1 through 3 and the purport of the whole pleadings, the registration of ownership transfer in the name of the plaintiff as to the 99/116 share of the real estate listed in the separate sheet (hereinafter "real estate of this case"), the registration of ownership transfer in the name of the plaintiff as to the 15/116 share of the 15/16 share, the registration of ownership transfer in the name of the defendant Eul as to the 2/116 share, and the registration of ownership transfer in the name of the defendant C as to the 2/116 share, and the plaintiff and the defendants did not reach an agreement on the method of dividing the real estate
(b) Division of a co-owned property by a judgment on the method of partition may, in principle, be made in kind so as to make a rational partition according to the share of each co-owner, or, in case where it is impossible to divide it in kind, by auction of the co-owned property, be
The requirement that "the installment can not be divided in kind" includes cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, use status, and use value after the division, etc. of the article jointly owned.
(2) In light of the following facts: (a) The real estate of this case is sold at auction and distributed to the Plaintiff and the Defendants according to their shares in the sale price, and the amount calculated by deducting the auction cost from the sale price is fair and reasonable, since it is difficult or inappropriate to divide the real estate of this case in kind, in light of the following: (b) the size of the real estate of this case; (c) the ratio of shares held by the Defendants; and (c) Defendant B used the real estate of this case as the house access road and access road road; and (d) the mediation date was not completed; and (e) the real estate of this case was not on the mediation date.
2. Conclusion Then, this case.