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1. The amount of real estate listed in the separate sheet remaining after the cost of auction is deducted from the proceeds of auction;
Reasons
1. The real estate listed in the attached list of the facts of recognition (hereinafter “instant real estate”) is real estate owned by Nonparty B 1,511/1,345, and Nonparty C’s share ratio of 166/1,511. The Defendant completed the registration of share transfer based on sale on May 17, 2016 with respect to the above B’s share on May 25, 2016. The Plaintiff completed the registration of share transfer based on public sale on December 22, 2017 with respect to the above C’s share on December 15, 2017. The Plaintiff and the Defendant did not reach an agreement on the method of division. The fact that there was no dispute between the parties or that there was no special agreement on the prohibition of partition with respect to the instant real estate may be recognized by comprehensively taking into account the purport of the entire pleadings as stated in subparagraphs 1 and 2.
2. Determination
A. According to the above facts of recognition, the plaintiff as co-owner of the real estate of this case may claim the division to the defendant who is the other co-owner.
B. Furthermore, with respect to the method of the division of the common property, the method of the division of the common property in general by the trial is the principle of the division in kind, and if it is impossible to divide the common property in kind or if the value of the common property might be significantly decreased if the division in kind is made in kind, an auction may be ordered to divide the property. In the payment in kind, the term "where it is impossible to divide the common property in kind" includes cases where it is difficult or inappropriate to divide the common property in kind in light of the nature, location, area, use status, and the use value after the division, etc. of the common property, not physically strict interpretation.
However, considering all the circumstances revealed in the pleadings of this case, including the Plaintiff and the Defendant’s acquisition of share in the real estate of this case, the real estate of this case constitutes a case where it is difficult or inappropriate to divide the real estate of this case in kind in kind.