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1. The real estate listed in the separate sheet 1 shall be put to an auction and the remainder after deducting the auction cost from the price.
Reasons
1. Basic facts
A. On March 14, 1988, Nonparty G and five other parties completed the registration of ownership transfer on the real estate listed in the separate sheet (hereinafter “instant real estate”) based on the inheritance on June 16, 1983.
GH I JJ J CK Subdivision 4 16 4 16 117 Mamo 17 17 17 17 17 17 17 17
B. Around December 1991, G donated part of the shares to G, around December 1997, G sold part of the shares to the Plaintiff to the Plaintiff, and H donated shares to the Defendant on or around December 2, 2913, H sold the shares to the Plaintiff to the Plaintiff on or around August 2014, K sold the shares to Defendant D on or around August 2014. The remainder of G sold the shares to Defendant D by compulsory auction on or around June 2013. L sold part of the shares to Defendant E on or around November 2014. As of the closing date of the instant argument, the ownership of the instant real estate as of the date of the instant argument is as follows:
A B CD EF 4915 4980 4950 4950 4950 267 May 2267 267 84150 84150 84150 84150 84150 84150 84150 84150 84150
C. On January 20, 2015, with respect to the portion of Plaintiff A’s share, the establishment registration was completed on January 20, 2015, including the debtor A, the collateral security-based livestock industry cooperative, the maximum debt amount of KRW 65 million.
As of the closing date of the instant case, the Plaintiff and the Defendants did not reach an agreement regarding the method of dividing the instant real estate.
【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 4, the purport of the whole pleadings
2. In the case of dividing the jointly-owned property by a judgment on the cause of the claim, if it is in principle impossible to divide it in kind or in kind, or if it is possible to divide it in kind or in kind, the value thereof is likely to decrease remarkably, an auction of the jointly-owned property may be ordered to be paid in installments;
Here, the requirement is not to be divided in kind, but in light of the nature, location, area, situation of use, value of use after division, etc. of the article jointly owned.