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1. The money remaining after deducting the auction cost from the price shall be put up for an auction to Daegu Dong-gu Telecommunication 850.2m2m2.
Reasons
1. Basic facts
A. The Plaintiffs, Defendant H, I, J, J, K, L, M, N, network U, and the assignee are registered as co-owners in the registry of the Daegu-gu Twit-gu Twit-gu land (hereinafter “instant land”).
B. The deceased on November 1, 2004, and the deceased and P jointly inherited the property. P also died on June 14, 2016 during the instant lawsuit and jointly inherited the property by Defendant Q, Defendant R, his child, and S.
C. Accordingly, each co-ownership share of the plaintiffs, the defendants, and the acquiring intervenor on the land of this case is as shown in the separate sheet.
The Plaintiffs tried to divide the instant land between the Defendants and the Intervenor, who are co-owners of the instant land other than the Plaintiffs, from the time of the filing of the instant lawsuit to the time of the closure of the pleadings, but failed to reach an agreement on the content, time, method, etc. of the division.
[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, Eul's 1-1, 6, Eul's 7, the purport of the whole pleadings
2. Determination:
A. According to the facts of the above recognition of co-owned land partition, the plaintiffs, defendants, and acquiring intervenors own the land of this case in proportion to the shares stated in the separate sheet. Since the plaintiffs, defendants, and acquiring intervenors agree on the method of partition of the land of this case, there is no agreement between the plaintiffs, the defendants, and acquiring intervenors, the plaintiffs, co-owners, can file a claim for partition of the land
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B. In principle, partition of co-owned property based on a judgment on the method of partition of co-owned property shall be conducted in kind as long as a reasonable partition can be made according to each co-owner's share. However, if the division of co-owned property cannot be divided in kind with respect to it, or the value thereof may be reduced remarkably due to the division, the co-owned property may be auctionable (Article 269 (2) of the Civil Act).