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1. The real estate listed in the annex 1 list shall be put to an auction and the proceeds of the auction shall be the remainder after subtracting the costs of the auction;
Reasons
1. Facts of recognition;
A. As to the share of 7/18 of the real estate listed in the original attached list 1 (hereinafter “real estate 1 of this case”), the share registration under the name of the Plaintiff Company A (hereinafter “Plaintiff A”), the share registration under the name of the Plaintiff C for the share of 10/18, and the share registration under the name of K for the share of 1/18 were completed.
On the other hand, with respect to the share of 8/18 of the 2 real estate listed in the separate sheet No. 1 list (hereinafter “2 real estate of this case”), the co-ownership registration price in the name of the plaintiff A, and the share of 2,395/42 in the name of the plaintiff B (hereinafter “Plaintiff B”) was completed.
B. On June 14, 2007, K succeeded to the inherited property at the respective 2/13 shares of Defendant E, his spouse, Defendant F, G, H, I, and J, their respective 3/13 shares.
C. Ultimately, the Plaintiff, A, G, H, I, J, and one share in the attached list No. 1 are jointly owned by Defendant E, F, G, H, I, and the attached list No. 2. The instant real estate is jointly owned by Plaintiff A and B for each of the Defendants and the two shares in the attached list No. 2.
The agreement between the Plaintiffs and the Defendants on the method of dividing each of the instant real estate was not concluded.
[Reasons for Recognition] against Defendant D, E, G, H, I, and J: The facts that there is no dispute against Defendant F for a confession, each of the evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the above facts of recognition as to whether the partition of co-owned property is possible, the plaintiff Gap and Eul may file a claim against the defendant E, F, G, H, I, and J for the partition of the real estate of this case, and the plaintiff Gap and Eul may file a claim against the defendants for the partition of the second real estate of this case.
B. According to the method of partition of co-owned property (1) in principle, the partition of co-owned property shall be made by the method of in-kind partition as long as a reasonable partition can be made according to the share of each co-owner.