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1. The remainder of the amount calculated by deducting the auction cost from the proceeds of the sale, which is sold to a public auction of the 704m2 in Seo-gu, Seoan-gu, Seocheon-gu.
Reasons
1. Basic facts
A. The Plaintiff and the Defendants owned 704 square meters in Seo-gu, Seocheon-gu, Seocheon-gu (hereinafter “instant land”) in the same proportion as the written list of shares in the attached Form.
B. No agreement was reached between the Plaintiff and the Defendants on the method of dividing the land of this case until the date of closing the argument of this case.
[Grounds for recognition] Evidence Nos. 1 to 3, and the purport of the whole pleadings
2. According to the facts acknowledged above, since the agreement on the method of partition between the plaintiff and the defendants, who are co-owners of the land of this case, was not constituted, the plaintiff is entitled to file a partition claim against the defendants as co-owners of the land of this case.
3. Division of the method of partition of co-owned property may be decided at will if the co-owners reach an agreement, but if the co-owners divide the jointly-owned property through a trial due to the failure to reach an agreement, the court shall divide it in kind in principle. If it is impossible to divide it in kind or if it is possible to divide it in kind, the price can be reduced significantly, the auction of the goods can be ordered. Thus, barring such circumstances, the court shall decide to recognize the sole ownership of each co-owner for the divided property by dividing the jointly-owned property into several goods in kind in proportion to the shares of each co-owner, and the method of division shall be reasonable division according to the share ratio of the co-owner at the discretion of the court, rather than by the method requested by the parties, according to the co-owner's share ratio (see, e.g., Supreme Court Decision 97Da18219, Sept. 9, 197). In light of the above legal principles, health class, evidence Nos. 1 through 3 and the purport of the whole pleadings are as follows.