beta
Text
1. Land listed in paragraph (1) of the attached list shall be put to an auction and the proceeds of the auction shall be deducted from the proceeds of the sale;
Reasons
1. The facts under the basis of facts are either in dispute between the parties or in each entry in Gap evidence 1 to 3 (including paper numbers). The whole purport of the pleadings may be considered as a whole.
Attached Form
Land listed in the list No. 1 (hereinafter “instant land”) is owned by the Plaintiff in proportion to their respective shares in 2892/24350, Defendant B 4686/24350, Defendant C 9398/24350, Defendant E is 35/24350, Defendant F is 1954/24350, Defendant G is 2720/24350, Defendant G is 2720/24350, and Defendant H shares in 2665/24350.
B. The roads listed in Attachment List No. 2 (hereinafter “instant road”) are owned by the Plaintiff in respective shares of 211/2435, 342/2435, 690/2435, 390/2435, 138/2435, 218/2435, 218/2435, 145/2435, 349/2435, 342/2435, and 342/2435.
2. According to the facts and evidence in front of the determination of the cause of the claim, the instant land and roads constitute a planned management area, and thus, can be divided under the condition that the minimum partitioned area is 60 square meters or more pursuant to Article 20 subparagraph 2 of the Act on Planning and Utilization of National Land and Seosan City/Do Urban Planning, pursuant to which the said land and roads constitute a planned management area. If the said land and roads are divided in kind according to the share ratio of co-owners, the requirements for the said minimum partitioned area are not met, or the franchis are generated, and thus, the Plaintiff and the Defendants acquired the instant land and each of the instant roads through the so-called planning business entity engaging in real estate acquisition
In addition, the examination results of the instant case include the following circumstances: (a) it is difficult for co-owners to discuss and discuss other appropriate division methods despite the fact that some of the co-owners do not want to maintain any more co-ownership relationship; and (b) it is difficult for them to discuss and discuss other division methods.