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1.Attachment 1. The remaining money after deducting the costs of the auction from the proceeds of the auction attached to the real estate listed in the list;
Reasons
1. Facts of recognition;
A. On April 26, 2017, the pertinent Plaintiff was awarded a successful bid of Nonparty L 15/120 shares (60/480 shares) among the real estate listed in the [Attachment 1] List (hereinafter “instant apartment”) on or around April 26, 2017, and completed the registration of ownership transfer on or around May 18, 2017. The Defendants are co-owners or co-owners of the instant apartment. The co-owners or co-owners holding the remaining shares among the instant apartment.
B. On the other hand, the details of co-ownership share of Won and the Defendants, and the details of co-ownership share on the apartment of this case by Won and the Defendants are as shown in the co-owner's share list.
C. On the other hand, in relation to the possession and use of the instant apartment, the Plaintiff acquired co-ownership shares of the instant apartment from April 26, 2017 to April, 201, Defendant C has occupied and used the entire instant apartment solely. The amount equivalent to rent equivalent to the Plaintiff’s co-ownership shares (15/120 shares) is KRW 67,500 per month, and the amount equivalent to rent for 19 months from April 26, 2017 to November 25, 2018 is KRW 1,282,50.
On the other hand, after acquiring the share of co-ownership of the apartment of this case, the plaintiff requested a partition of co-owned property to Defendant C who independently occupied and used the whole apartment of this case, but it could not proceed with the division consultation with the remaining Defendants, and the plaintiff filed the lawsuit of this case seeking the in-kind division.
【Ground for Recognition: Facts that there is no dispute between the parties or is not clearly disputed, Gap evidence 1 to 5-13, and the purport of whole pleadings】
2. According to the above facts of recognition, the plaintiff and the defendants shared the apartment of this case and did not reach an agreement on the method of division. Thus, the plaintiff can file a claim against the defendants for the division of the apartment of this case based on their co-ownership, barring special circumstances.
Furthermore, regarding the method of dividing the apartment of this case, the health department and the trial.