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1. The plaintiff, the defendant, and the plaintiff, who put the H 486m2 at an auction for the racing and deducts the auction expenses from the price.
Reasons
1. Basic facts
A. The Plaintiff and the Defendant shared 1/8 shares in the Plaintiff, Defendant B, C, D, F, and G, respectively, and Defendant E, respectively.
B. The Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant real estate.
[Ground of recognition] No. 1-1 of evidence No. 1-1, and purport of the whole pleadings
2. Determination
A. Co-owners may file a claim for partition of co-owned property (the main sentence of Article 268(1) of the Civil Act). If a consultation as to the method of partition does not lead to an agreement, co-owners may file a claim for partition with the court. If it is impossible to divide it in kind or the value thereof is likely to decrease remarkably due to the division, the court may order auction of the property (Article 269 of the Civil Act). Accordingly, the Plaintiff, co-owners, as co-owners, may file a claim for partition against the Defendants, who are other co-owners, pursuant to the main sentence of Article 268(1) and Article 269 of the Civil
B. Comprehensively taking account of the overall purport of pleadings as to the statement No. 1-1, 2, and 2 of the method of partition of co-owned property, the real estate of this case is used as the site of the building owned by the plaintiff, the real estate of this case is used as the main access road with a width of approximately 2 meters as the south side of the real estate of this case, the provisional registration of the right to claim ownership transfer as to the plaintiff's co-owned shares among the real estate of this case has been completed, and the defendants do not dispute the payment by auction, and it is difficult to find an appropriate method of in-kind division in accordance with the respective shares of the plaintiff and the defendants, considering all circumstances, such as the share ratio of the plaintiff and the defendants as to the real estate of this case, location, shape, size, use relation, etc. of the real estate of this case, and it is difficult to find an appropriate method of in-kind division in kind,