Text
1. The plaintiff, the plaintiff, and the remaining amount after deducting the auction costs from the proceeds of the sale of the land listed in the annex 1 list.
Reasons
1. Facts of recognition;
A. The land indicated in the separate sheet No. 1 (hereinafter “instant land”) was owned by F, and the Defendants and G were inherited due to the death of F on July 4, 2013.
B. On June 13, 2017, the Plaintiff awarded a successful bid for 2/11 shares in G out of the instant land in the public auction procedure and completed the registration of transfer of ownership.
C. The instant land is owned by the Plaintiff, Defendant B, D, and E, respectively, in proportion to 2/11 shares, and Defendant C in proportion to 3/11 shares.
No agreement was reached between the Plaintiff and the Defendants regarding the method of dividing the instant land by the date of closing argument.
E. From March 2002, the network F had been newly constructed a 374.55 square meters and a 3.45 square meters away from the brick luxal luxal luxal luxal luxal luxal luxal luxal luxal luxal luxal luxal luxial luxial luxal luxal luxal luxial luxal luxial luxal luxal (hereinafter “instant unregistered building”) on the instant land, and leased the instant unregistered building to 5, including H.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. According to the facts acknowledged as above, the Plaintiff, a co-owner of the land of this case, may claim a partition of the land of this case against the Defendants, other co-owners, pursuant to Article 269(1) of the Civil Act.
However, in the case of dividing an article jointly owned by a trial, if it is impossible to divide it in kind or if it is possible to divide it in kind in kind, the auction of the article may be ordered, and the "undivided in kind" requirement is not physically strict interpretation but physically strict interpretation.