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1. Each real estate listed in the separate list of real estate shall be put to an auction and the proceeds of the auction shall be deducted;
Reasons
1. Facts of recognition;
A. Each real estate listed in the separate sheet of real estate (hereinafter “each real estate of this case”) is jointly owned by the Plaintiff, Defendant C, Defendant D, and Defendant G, respectively, in proportion to the share of 2/13, Defendant B’s share of 3/13, Defendant E, and Defendant F, respectively.
B. Meanwhile, the head of the Gwangju District Court’s registration office of the head of the Gwangju District Court on March 10, 2016 with regard to Defendant B’s share among the real estate listed in the attached list No. 2 of the real estate list as the grounds for attachment on March 10, 2016, and the registration of attachment was completed by the right holder as the National Health Insurance Corporation.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings
2. Determination
A. According to the facts found above, inasmuch as agreement on the method of partition has not been reached between the plaintiff and the defendants sharing each of the real estate of this case, one of the co-owners may file a claim against the remaining co-owners for partition of each of the real estate of this case against the defendants as co-owners.
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B. The method of partition of co-owned property (1) is not physically strict interpretation, but physically strict interpretation is required to include cases where it is difficult or inappropriate to divide the co-owned property in kind in light of the nature, location or size of the co-owned property, use status, use value after the partition, etc. of the co-owned property in case of dividing the co-owned property in kind by a trial due to the failure to reach agreement. In the case of dividing the co-owned property in kind, the court shall divide the property in kind as far as it can be reasonably divided according to the share of each co-owner, and only when it is difficult or inappropriate to divide the property in kind or when the value of the property is likely to decrease substantially if it is unable to divide in kind or if it is divided in kind.
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(2) Based on the above legal principles, each of the instant cases.