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1. The remainder of the amount calculated by deducting the auction cost from the price by selling the Fran-dong, Ulsan-gu, a sale by auction.
Reasons
1. Facts of recognition;
A. As to the 612 square meters in Ulsan-gu F, Ulsan-gu, the registration of Plaintiff 3/16 shares, C8/16 shares, and Defendant B 5/16 shares was completed.
B. C died on October 18, 2014, and Defendant D and E inherited C’s share in the instant land at the ratio of one-half each through an agreement on the division of inherited property. As to the instant land, the registration was completed as Defendant D and E’s shares, respectively.
C. The Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant land.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, purport of the whole pleadings
2. Determination
A. The Plaintiff and the Defendants shared the land in this case. As the Plaintiff and the Defendants did not reach an agreement on the method of partition, the Plaintiff may file a claim against the Defendants for partition of the land in this case.
B. As a lawsuit for partition, the partition of co-owned property is formed, and the co-owned property is subject to the sole ownership by exchanging or selling shares among co-owners, and the co-owned relation is resolved. As such, the court shall make a reasonable partition according to the co-owner's share ratio according to the co-ownership relation or the overall circumstances of the property which is the object of the partition, not by the method requested by the claimant for partition of co-owned property. In principle, the partition of co-owned property by judgment shall be made in kind as long as it is possible to make a reasonable partition according to the co-owner's share ratio. However, if it is difficult or inappropriate in light of the nature of the co-owned property, location or size of the co-owned property, use situation, use value after the partition, etc., if it is difficult or inappropriate to divide in kind, the auction of the property may be ordered, and it shall not be divided in kind, without physically strict interpretation, in light of the nature, location, size, use situation, use value after the partition.