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1. The plaintiff shall sell 719 square meters in return for an auction to Namyang-si, Namyang-si, and the remaining amount after deducting the auction cost from the price.
Reasons
1. Facts of recognition;
A. The Plaintiff A, B, and Defendant D owned 3/8 shares, respectively, and the deceased J and Defendant D owned 1/8 shares, respectively.
B. Since then, the Plaintiff’s Intervenor purchased 3/8 shares from Plaintiff A and B, and owned 6/8 shares. Defendant C, the heir of the deceased J, owned 3/8 shares (i.e., 1/8 shares x 3/11), Defendant E, F, G, and H, each of 2/8 shares (=1/8 shares x 2/11).
C. The Plaintiff and the Defendants did not reach an agreement on the land division method by the time the argument in the instant case is concluded.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination:
A. According to the fact of recognition 1), the land in this case is jointly owned by the Plaintiff’s assignee and the Defendants, and the consultation on the method of partition was not concluded between them until the date of closing argument. Thus, the Plaintiff’s assignee may claim the Defendants for the division of the land in this case. 2) The remaining Defendants except the Defendant D disposed of the shares owned by the clan, such as the Defendant’s descendants, to the Plaintiff A and B, who was entrusted with the ownership of the land in the name of the clan, but such disposal disposition was null and void because the land was disposed of without a resolution of the general meeting of clan, and thus, the Plaintiff’s assignee who purchased shares owned by them is not legitimate co-owner of the land in this case
However, even if the share owned by the plaintiff acquiring participant is a title trust property, it is externally recognized as a full owner to the title trustee, so long as the withdrawn plaintiff A and B purchased shares owned from the title trustee and completed the registration of ownership transfer, it shall be deemed that they lawfully acquired the ownership.
Therefore, we cannot accept the above defendants' assertion.
(b).