1. The real estate listed in the separate list of real estate shall be put to an auction and the proceeds thereof shall be deducted from the auction cost;

1. Basic facts

A. Since September 1972, Nonparty H died on September 27, 2018 while owning each real estate listed in the separate sheet of real estate (hereinafter “each of the instant real estate”).

B. The Defendants, the heir of H, and Nonparty I jointly inherited each of the instant real estate. Defendant B 3/15 shares, and the remainder Defendants and I inherited 2/15 shares, respectively, and shared each of the instant real estate.

C. Nonparty J, who had an executive title against I, applied for a compulsory auction against I’s shares among each of the instant real estate ( Changwon District Court J), and the said court rendered a decision to commence compulsory auction on November 28, 2018.

On July 16, 2019, the Plaintiff purchased 2/15 of shares of I among each of the instant real estate at the compulsory auction. On July 19, 2019, the Plaintiff completed the registration of transfer in the name of the Plaintiff with respect to two-fifths of shares among the instant real estate on July 19, 2019.

E. The Plaintiff sent content-certified mail to the Defendants to consult on the division method of each of the instant real estate jointly owned by the Defendants, but did not reach an agreement with the Defendants.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including paper numbers), the purport of the whole pleadings

2. Determination

(a) When the consultation on a method of subdivision does not lead to an agreement, co-owners may request the court for subdivision, and the court may order the auction of goods when it is impossible to divide in kind or the value thereof is likely to decrease remarkably due to a division;

(Article 269 of the Civil Act). (b)

Comprehensively taking account of the aforementioned evidence and the purport of the entire pleadings, the fact that each of the instant real estate was not registered in the area of 203 square meters and Ma 259 square meters, Nam-do, Chungcheongnam-do, Nam-do, and Man 259 square meters, can be acknowledged

C. In light of the above facts of recognition, it is reasonable to view that among each real estate of this case, the land of this case, Gyeongnam-do is not in kind divided into 203 square meters and Maga 259 square meters, and the above N field 908 square meters are in kind.