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1. The remaining amount after deducting the expenses for the auction from the proceeds of the sale by selling the real estate listed in the separate sheet;
Reasons
1. Basic facts
A. The real estate listed in the separate sheet (hereinafter “instant real estate”) shares 318/480 shares, Defendant B-2/480 shares, and Defendant C/D shares 70/480 shares, respectively.
B. No agreement was reached between the Plaintiff and the Defendants regarding the method of dividing the instant real estate until the closing date of the instant argument.
[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings
2. Determination
A. In light of the above facts of recognition, the Plaintiff, a co-owner of the instant real estate, may claim a partition of the instant real estate against the Defendants, who are other co-owners, pursuant to Article 269(1) of the Civil Act.
B. In principle, the partition of co-owned property by judgment shall be made by the method of in-kind division as long as a reasonable partition can be made according to the shares of each co-owner. However, even if it is impossible in-kind or possible in-kind, if the price might be reduced remarkably due to the auction of the co-owned property, the so-called price division shall be made by ordering the auction of the co-owned property and by dividing the price. However, in the price division, the requirement that "it may not be divided in-kind" is not physically strict interpretation. It includes cases where it is difficult or inappropriate to divide in-kind division in light of the nature, location, area, use situation of the co-owned property, use value after the
I would like to say.
(1) In light of the above legal principles, the Plaintiff’s claim for the division of goods in kind was made in the first place, but the Plaintiff’s claim for the division of goods in kind was made in a concern over the possibility of dispute with the Defendants in the future, and Defendant C and D had an objection to the timing and method of sale. However, the Plaintiff sold the instant real estate and proceeds therefrom.