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1. The amount remaining after deducting the auction expenses from the price shall be put up for an auction by selling 2,34 m2,000 m2,000 m2.
Reasons
1. Basic facts
A. 2,334 square meters of PP forest land (hereinafter “instant real estate”) was originally owned by S, T, C, Defendant (Appointed Party; hereinafter “Defendant”) B, U, and Q, respectively. However, on April 14, 2004, R had completed the registration of transfer of shares on the ground of gift on March 29, 2004 with respect to the said 1/6 portion owned by T on November 28, 2009, and the Plaintiff completed the registration of transfer of shares on October 28, 2009 due to a compulsory sale by official auction.
B.1) On October 18, 198, U died and succeeded to U’s property by Defendant O, children, Defendant L, M, N, and V, who are his wife. On May 20, 2005, V inherited his wife’s property by Defendant I, J, and K.C. (2) On June 4, 2014 during the instant lawsuit, C succeeded to the property of Defendant D, E, F, and G, his wife, and taken over the instant lawsuit.
C. Accordingly, the share of the Plaintiff, the Defendants, and the designated parties in the instant real estate is indicated in the separate shares list.
The Plaintiff, the Defendants, and the designated parties did not reach an agreement on the method of dividing the instant real estate.
【Defendant B’s ground for recognition: Defendant D, E, F, G, H, I, J, K, L, M, N, andO: Confession (Article 150(3) of the Civil Procedure Act)
2. Determination
A. 1) Co-owners may file a claim for partition of co-owned property (main sentence of Article 268(1) of the Civil Act). If a consultation as to the method of partition does not lead to an agreement, co-owners may file a claim for partition with the court. If it is impossible to divide in kind or the value of the property is likely to decrease remarkably due to the division, the court may order auction of the property (Article 269 of the Civil Act). Accordingly, the Plaintiff, co-owners, as co-owners, may order auction of the property against the Defendants, the designated parties, as other co-owners, and the instant real estate pursuant to Articles 268(1) main sentence