Text
1. The amount remaining after selling the 1,233.2 square meters of paddy-gun, Jeonnam-gun, to an auction, from which the auction cost is deducted.
Reasons
1. Facts of recognition;
A. The 1,233.2m2m2 (hereinafter “instant land”) in the Jeonnam-gun, the original Defendant shared 1/2 shares, respectively.
B. The original Defendant did not reach an agreement on the method of dividing the instant land by the date of closing the argument in the instant case.
【Ground of recognition】 The fact that there has been no dispute, Gap-1 or 3, the purport of the whole pleadings and arguments
2. The plaintiff and the defendant shared the land in this case, and there was no agreement between the parties on the method of partition of the land in this case. Thus, the plaintiff can file a claim for partition of co-owned property against the defendant who is another co-owner.
In principle, the division of the jointly-owned property by the trial may not be ruled out that the value of the land of this case may be reduced remarkably if it is divided in kind. However, the parties to the land of this case, the location of the surrounding road, the use value, and the use and profit-making status of the co-owners of the land of this case to be considered for the division of the land of this case, and as long as the original defendant does not wish to divide the land in kind, the land of this case constitutes a case where it is difficult or inappropriate to divide the land of this case in kind. In light of the overall circumstances shown in this case, it seems fair and reasonable to sell the land of this case to auction and distribute the proceeds of the sale according to the
3. In conclusion, it is so decided as per Disposition by deciding to sell the land of this case to auction and distribute the remaining amount after deducting the auction cost from the price to the original defendant at the ratio of one half.