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1. The amount of real estate stated in the separate sheet shall be put to an auction and the remainder after deducting the auction cost from the price shall be attached;
Reasons
1. The Plaintiff, Defendant B, C, D (former Name I), E, F, and G (hereinafter “Defendant co-owners”) share the real estate listed in the separate sheet (hereinafter “instant real estate”) as shown in the separate sheet of co-ownership.
(No dispute exists, Gap's evidence No. 1). 2. Judgment as to the claim for partition of co-owned property
A. 1) The instant land is in co-ownership relationship between the Plaintiff and the Defendant co-owners. Since the co-owners did not reach agreement on the method of partition by the date of closing argument, the Plaintiff may file a claim for partition against the Defendants, who are co-owners based on the co-ownership right against the remaining co-owners. 2) As to this, the Plaintiff asserted that the Plaintiff’s claim for partition of co-owned property constitutes a co-ownership relation of the instant real estate, and thus, it cannot be allowed.
If the purport of the entire pleadings is added to the statement in Eul evidence 1, it can be recognized that the real estate of this case was partitioned by the original division and sold to the co-owners.
However, if the purport of the entire pleadings is added to the statements in Gap evidence Nos. 1, 3, and 4, the fact that the real estate in this case is owned by a certain share out of the entire real estate in this case, unlike the first sale form, and the public sale procedure in which the plaintiff acquired the ownership of that share is assessed as "based on the share ratio of J (previous owner) out of the total area because it is impossible to verify the location of each owner as an aggregate building owned by the plaintiff as an aggregate building in common ownership, and that the procedure is in progress."
In general, two or more co-owners agree to specify the location and area of one parcel of land, and the so-called sectionally owned co-owners are in the so-called sectionally owned co-ownership relationship registered as co-ownership by the sectional owners.