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1. The remaining amount after deducting the expenses for the auction from the proceeds of the sale by selling the real estate listed in the attached Table 1;
Reasons
1. Facts of recognition;
A. The Plaintiff and the Defendants shared the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) in proportion to their co-ownership shares listed in the separate sheet No. 2.
B. The Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant real estate, which is public property, until the closing date of the instant argument.
【Defendant B, C, E, F, I, and K: Defendant D, and H: The fact that there is no dispute between Defendant G and J under Article 208(3)3 (a) of the Civil Procedure Act; the purport of each of the entries and arguments in Articles 208(3)2 and 150(3)(i) of the Civil Procedure Act;
2. According to the above facts of recognition, the Plaintiff, a co-owner of the instant real estate, may request the Defendants to divide the instant real estate.
Furthermore, as to the method of partition of co-owned property, in general, the method of partition in kind is the principle of partition in kind, and if it is impossible to divide in kind in kind or if it is apprehended that the value might be reduced remarkably, an auction can be ordered.
In addition, "where it is not possible to divide it in kind" in the payment division shall not be interpreted physically strictly, but shall include 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 article jointly owned.
Each of the above evidence and evidence Nos. 3-1 to 4 comprehensively based on the overall purport of the pleadings, namely, in the case of dividing the real estate in kind into the real estate of this case, there is a concern that the area corresponding to the ratio of the co-ownership of some co-owners might be reduced significantly. Defendant B, C, E, F, I, and K except Defendant D and H who are going through service by public notice among the Defendants do not raise any objection against the Plaintiff’s auction division method.