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1. The money remaining after deducting the expenses for auction from the proceeds of each real estate listed in the separate sheet No. 1 sold at auction;
Reasons
1. The facts that the Plaintiff and Defendant C shared 2/7 shares, and Defendant B 3/7 shares, respectively, on the basis of the attached list No. 1 of the facts are not disputed between the parties. There was no agreement between the Plaintiff and the Defendants on the method of dividing each of the instant real estate by the closing date of the argument in this case.
2. Determination
(a) In the case of dividing the article jointly owned by a trial, in principle, by dividing it in kind, or by dividing it in kind or by dividing it in kind, if the value thereof is apprehended to be significantly reduced, the auction of the article jointly owned may be ordered, and the price may be paid in installments;
Here, the requirement of "undivided in kind" includes cases where it is physically impossible to divide the article in kind, as well as cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, current use, value of use after the division.
In addition, the phrase “where the value of the division is likely to be significantly reduced if it is divided in kind” includes cases where, even if a person is a co-owner, the value of the portion to be owned by himself/herself is likely to be significantly reduced compared to the value of the share before the division (see, e.g., Supreme Court Decision 2013Da56297, Dec. 10, 2015).
B. Considering the materials or opinions submitted by the parties regarding the nature, location, area, utilization status, and use value of each real estate of this case, each real estate of this case shall be deemed to fall under cases where it is difficult or inappropriate to divide in kind in kind. The sale of each real estate of this case at an auction and at an objective and reasonable price, and then the method of dividing the price according to the respective shares of the plaintiff and the defendants shall be the most equitable and reasonable method of division.
3. According to the conclusion, each of the instant real estate was sold by auction and proceeds therefrom.