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1. The remaining amount which remains after deducting the auction costs from the proceeds of the sale by selling the real estate listed in the annex 1 list; and
Reasons
1. Basic facts
A. As to the real estate listed in the separate sheet No. 1 (hereinafter “instant land”), Defendant D and B acquired each share of 11/110, Defendant C and Defendant E and F acquired each share of 26/110, on July 20, 2017, due to the inheritance of the property as of July 26, 1989, respectively. The Plaintiff acquired the said F’s share due to a compulsory auction on July 20, 2017.
B. Meanwhile, there was no agreement between the Plaintiff and the Defendants on the prohibition of partition of co-owned property as to the land of this case, and there was no agreement on the method of partition.
[Reasons for Recognition] Defendant B: Statement No. 2-1 and No. 2 of the Evidence No. 2
2. Determination
A. According to the above facts acknowledged, the plaintiff, as co-owner of the land of this case, may file a partition claim against the defendants, who are other co-owners, pursuant to the main sentence of Article 268(1) of the Civil Act, and the agreement on the method of partition was not reached. Thus, the plaintiff may file a partition claim with the court pursuant to Article 269(1) of the
B. As a matter of principle, division of co-owned property cannot be divided in kind as far as it is possible to make a reasonable partition according to the share of each co-owner. However, the requirement is not physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide in kind in light of the nature, location, area, situation of use, use after the division, use value, etc. of the co-owned property (see Supreme Court Decision 2002Da4580, Apr. 12, 2002). 2) As to the instant case in accordance with the above legal doctrine, the following circumstances revealed by the items as stated in subparagraphs 1 and 2 (including each number), and the purport of the entire pleadings, namely, the area of the instant land is not less than 942 square meters, and thus, the utility value thereof may be reduced if it is divided according to the share.