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1. The attached sheet shall include the remaining amount after deducting the expenses for the auction from the proceeds of the auction after selling the real estate to the auction;
Reasons
1. Facts of recognition;
A. On August 30, 1984, F, G, and H shared 1/3 shares of the real estate listed in the separate sheet (hereinafter “instant real estate”) and completed registration of ownership preservation.
Since then, on March 13, 1997, the registration of transfer was completed in the name of I for the shares of G, and on September 24, 2012, the registration of transfer was completed in the name of Defendant Management and Construction Industry Co., Ltd., and on the F's shares, the registration of transfer was completed in the name of J on February 25, 2013, and on March 13, 2013 under the name of K on November 16, 2017.
B. One of the nominal owners of the instant real estate died on July 2, 1989, and Defendant C, D, and E, the spouse, succeeded to H. The shares of Defendant C, D, and E, the spouse, were 3/27, and the shares of Defendant C, D, and E are 2/27, respectively.
C. As to the Plaintiff’s lawsuit seeking the division of the instant real property, Defendant Management Construction Industry Co., Ltd. (hereinafter “Defendant Management Construction Industry Co., Ltd”) raised an objection to the division in kind as required by the Plaintiff, and consented to the auction division if it is impossible to divide in kind. However, Defendant B, C, D, and E did not give any reply despite being served with the complaint of this case.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings
2. Determination:
A. According to the above facts finding that the co-owner of the instant real estate and the Defendants did not reach an agreement on the method of partition of the instant real estate.
As such, the plaintiff is a co-owner of the real estate of this case and can file a claim for the division of the real estate of this case against the defendants who are co-owners.
B. In principle, partition of co-owned property based on a judgment on the method of partition of co-owned property shall be made in kind as long as it is possible to make a reasonable partition according to the shares of each co-owner, but it may be impossible or possible in kind.