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1. The amount remaining after deducting the auction expenses from the proceeds of the sale of the real estate listed in the annex 1 list;
Reasons
1. Basic facts
A. The Plaintiff, Defendant C, Defendant (Appointed Party) and the remaining designated parties are co-owners who share the real estate listed in the separate sheet No. 1 (hereinafter “instant commercial building”) according to the ratio listed in the separate sheet No. 2 when referring to the entire D building.
B. Co-owners of the instant shopping mall constituted a management body of the 14th floor of the instant building for the management of the instant shopping mall, and the management body of the 14th floor autonomous management body of the instant shopping mall leased the instant shopping mall to E during the contract period from January 1, 2015 to December 31, 2019, setting the contract period from January 9, 2014 to December 31, 2019. The entire shopping mall of the instant case is operated by the dental association operated by E.
[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 9, Eul's evidence No. 15, the purport of the whole pleading
2. The assertion and judgment
A. The main point of the party's assertion is that the plaintiff seeks to sell the commercial building of this case to auction and to divide the remaining amount after deducting the auction cost from the price, according to the share of co-ownership listed in the separate sheet No. 2. The defendant (Appointed Party) asserted that the defendant (Appointed Party) and the designated parties should pay the price and take over the plaintiff's share or divide the commercial building of this case in kind. The defendant C asserted the division by auction as shown in the plaintiff.
B. Determination 1) In full view of the following facts acknowledged by comprehensively taking account of Gap evidence Nos. 9 and Eul evidence Nos. 1 and 14 as the whole purport of the pleadings, it is deemed inappropriate to divide the commercial building of this case in kind, as the value of the commercial building of this case might be significantly reduced if the commercial building of this case is divided in kind. (A) The 4 to 14th floor of the building of this case was divided in kind by each floor, and the commercial building of this case was sold in lots with 92/91 share as one unit, and the total area of the 14th floor of this case was 673.76m2, and the total area of the 14th floor of this case was 673.76m2.