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1. The Plaintiff shall sell the PP volume 972m2 in the auction at the Won-si, and the remainder which remains after deducting the auction expenses from the price.
Reasons
Basic Facts
A. As of the date of the closing of argument in the instant case, the Plaintiff and the Defendants shared Plaintiff 96/1248 shares, Defendant B, C, D 16/1248 shares, Defendant E-14/1248 shares, Defendant F48 shares, Defendant F48/1248 shares, Defendant H272/1248 shares, Defendant H2/1248 shares, Defendant J272/1248 shares, Defendant J. 192/1248 shares, Defendant J. L. L. 45/1248 shares, Defendant K, andO 32/1248 shares, Defendant M. 17/1248 shares, and Defendant N.81/1248 shares, respectively.
B. The Plaintiff and the Defendants did not reach an agreement on the division of the instant real estate.
[Ground of recognition] The remaining Defendants except DefendantO: The judgment on the statement as to the confession (Article 150 of the Civil Procedure Act) Defendant O:
A. According to the facts, the Plaintiff may request the Defendants to divide the instant real estate in accordance with Article 269(1) of the Civil Act.
B. According to the purport of the evidence Nos. 1 and 2 and the entire pleadings, the following facts and circumstances may be acknowledged, and comprehensively taking account of this, it is difficult to divide the instant real estate into consideration in kind. Therefore, it is reasonable to divide the instant real estate into money in installments.
1) There is a seizure on the portion of the instant real estate owned by DefendantO. 2) The instant real estate is merely 972 square meters, and thus, in the case of dividing it into investment in kind according to the ratio of shares between the Plaintiff and the Defendants, it is difficult for co-owners to construct and utilize it on the ground because the part to be owned by them is too small.
It is likely that the value of the portion divided in kind will be significantly reduced.
3 The plaintiff is seeking to pay the price in installments, and the defendants do not raise any specific objection.
In conclusion, it is decided as per Disposition by deciding to distribute to the plaintiff and the defendants the remaining amount after deducting the auction cost from the sale price by selling the real estate at auction.