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1. The remaining amount after deducting the expenses for the auction from the proceeds of sale by selling the real estate listed in the separate sheet;
Reasons
1. Claim against the defendant A, B, and D
A. Indication of Claim: The description of the relevant part of the grounds for the claim is as stated in the attached Form.
(b) Grounds: Each judgment deemed as confession (Article 208 (3) 2 of the Civil Procedure Act);
2. In full view of the purport of the entire pleadings as to the evidence Nos. 1 and 2 against Defendant C, the Plaintiff and the Defendants shared the real estate listed in the separate sheet (hereinafter “instant land”) at the share rates of 1,280, A11,065, Defendant B B 11,065, Defendant C 11,065, and 5,945, Defendant D 11,065/11,065, and 2,560/11,065, respectively, and the fact that there was no agreement on the method of dividing the instant land between the Plaintiff and the Defendants up to the present day.
According to the above facts of recognition, one of the co-owners of the land of this case may file a claim for the partition of the land of this case against the Defendants, who are other co-owners, pursuant to Article 269(1) of the Civil Act.
Furthermore, as to the method of partition, the method of partition by trial shall be based on the spot partition method as long as it is possible to make a rational partition according to the share of each co-owner. However, even if it is impossible or possible in kind, if the price is likely to decrease substantially due to the fact, it shall be based on the so-called payment division method by ordering the auction of the co-owned property (Article 269(2) of the Civil Act), the entry of evidence No. 3 and No. 4, and the fact inquiry as to the head of Pyeongtaek-gun in this court, in full view of the whole purport of the pleadings, the land in this case is a forest with no infrastructure installed pursuant to the Pyeongtaek-gun Urban Planning Ordinance, and it is recognized that the land in this case shall not be divided into a housing site form or a shooting form, and the area after the division shall not be less than 1,650 square meters.
According to this, the land of this case is fair among co-owners, while maintaining the utility value of the land by the method of in-kind division.