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The remainder of the amount calculated by deducting the auction cost from the proceeds of the sale by selling 38,810 square meters for the Kandong-gun in Gyeongnam-gun.
Reasons
1. The Plaintiff, among the facts of recognition, completed the registration of ownership transfer with respect to the share of 39,181/18, 39,779/18, Defendant B, 39,181/39, and 4,819/18, Defendant C, 39,181/39, and Defendant D, 9,778.5/181, Defendant E, 39,778.5/181, and Nonparty L, 39,181/18, and 67/181, respectively.
L was deceased on November 21, 1992, and the defendant F, G, H, I, I, and J succeeded equally to this.
Accordingly, as of the closing date of the argument of this case, the real estate of this case was owned by the Plaintiff and the Defendants in proportion to their shares as stated in Paragraph 1 of this case, and there was no agreement between the Plaintiff and the Defendants regarding the method of dividing the real estate
[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 3, the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. According to the facts of recognition as above, since the Plaintiff and the Defendants did not reach an agreement on the method of division between the co-owner of the pertinent real estate and the co-owner of the instant real estate, the Plaintiff may file a claim against the Defendants, who are other co-owners, for the division of the instant real estate in accordance with Article 269(1) of the Civil Act.
B. The court may order the auction of the article jointly owned if the value of the article is likely to be reduced if the method of the division of the article jointly owned is divided in kind, or if the article is not divided in kind, or if the value of the article is likely to be reduced (Article 269(2) of the Civil Code), and the requirement that the "undivided in kind" is not physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, and use situation of the article jointly owned, and the use value after the division, etc., and it also includes cases where it is difficult or inappropriate to divide the article in kind, and it also includes cases where "the value of the article might be reduced remarkably if the article is divided in kind."