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1. The remaining amount after deducting the expenses for the auction from the proceeds of the sale by selling the real estate listed in the separate sheet;
Reasons
1. The occurrence of the claim for common property;
A. In full view of the purport of the entire arguments in Gap evidence Nos. 1 through 3 (including each number), it is recognized that the plaintiff shares the real estate of this case as stated in the order in 11/18 shares, 3/18 shares, 3/18 shares, and 1/18 shares, and that no agreement has been reached between the plaintiff and the defendants as to the method of dividing the real estate of this case until the end of the pleadings of this case.
B. According to the above facts of recognition, the Plaintiff may request the court to divide the instant real estate in accordance with Article 269(1) of the Civil Act.
2. Method of partition of the article jointly owned;
(a) If an agreement on the method of partition of the article jointly owned is not reached, co-owners may request the court for partition, and the court may order the auction of the article concerned, if it is impossible to divide it in kind or the value thereof is likely to decrease remarkably due to the partition; and
(Article 269 of the Civil Act). (b)
As can be seen by the purport of each of the above evidences and arguments, it is difficult to think that the real estate of this case is a commercial building and its site used for the neighborhood living facilities and housing with the third floor, and it is in fact difficult to divide it in kind, and it is also difficult to present other alternatives to the method of division of the common property due to the division of parts among the co-owners.
Therefore, the instant real estate is to be divided by means of selling it to an auction and dividing the proceeds therefrom according to the ratio of shares between the Plaintiff and the Defendants.
3. If so, the conclusion is that the real estate of this case shall be put to an auction and the proceeds of the sale shall be distributed in proportion to the shares of the plaintiff and the defendants, but the costs of the lawsuit shall be borne respectively. It is so decided as per Disposition.