beta
Text
1. The remaining amount of each real estate listed in the separate sheet after deducting the expenses for auction from the proceeds of auction;
Reasons
1. Basic facts
A. Each real estate indicated in the attached list is a house, a wooden house which is a neighborhood living facility (39.67 square meters), an affiliated store (16.53 square meters, 3.3 square meters), and its site (hereinafter “instant real estate”).
B. As to the instant real estate, after completing the registration of ownership transfer with the Plaintiff on December 18, 1974 and 1/2 shares in the name of each Plaintiff and D, the shares transferred to the Defendants on December 29, 2014 due to the gift, Plaintiff 1/2 shares and each of the Defendants was jointly owned.
C. Until the closing of argument in the instant case, agreement between the Plaintiff and the Defendants on the instant real estate was not concluded.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 4, the purport of whole pleadings
2. Determination
A. As to the Plaintiff’s claim for partition as co-owner of the instant real estate, the Defendants asserted to the effect that (1) the Plaintiff is merely the title trustee of the instant real estate, and (2) as there is a dispute between D’s co-inheritors and the Defendants as to the instant real estate share, the Plaintiff’s claim cannot be complied with.
B. In full view of the above basic facts and the purport of the entire pleadings, it is practically impossible to divide the instant real estate into the housing (store) and its site in kind according to the shares of each co-owner as well as to make excessive disbursement of expenses and significant decrease in value.
Meanwhile, there is no evidence as to the fact that the Plaintiff is a title trustee, and the circumstance where there is a dispute among co-inheritors with respect to the Defendants’ share does not constitute an obstacle to partition of co-inheritors.
C. For the foregoing reasons, the method of partition of co-owned property as to the instant real estate is to be determined by the co-owners’ share, namely, the share of the co-owners, namely, the share of the remaining amount after deducting the auction cost from the proceeds of sale, and to be distributed according to the proportion of the Plaintiff 1/2,
3. Conclusion.