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1. The remainder of the money obtained by selling at auction the G road of Gwangju City after deducting the costs of auction from the proceeds of sale.
Reasons
1. Basic facts
A. The Plaintiff (designated parties, hereinafter “Plaintiffs”), Ba or the Defendants are co-owners of G road 1,175 square meters (hereinafter “instant land”) and 496 square meters (hereinafter “instant land”) in Gwangju City.
B. The co-ownership of the instant land No. 1 is the Plaintiff (Appointed Party), 71.4/175, H285.6/1175, Defendant B, 208/1175, Defendant C141/175, Defendant D309/1175, Defendant E-10/1175, Defendant F 60/175, and Defendant F. The co-ownership of the instant land No. 2 is the Plaintiff (Appointed Party) 28.6/496, H114/496, E-142/496, and Defendant F21/496.
B. There is no separate agreement between the Plaintiff, the designated parties and the Defendants on the prohibition of partition of each of the instant lands, and there is no agreement on the method of partition of each of the instant lands by the closing date of pleadings.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 9, 10 and the purport of the whole pleadings
2. Determination
A. According to the above facts acknowledged, the Plaintiff, a co-owner of each of the lands of this case, may claim the partition of each of the lands of this case against the Defendants, who are co-owners of the other co-owners pursuant to Article 269(1) of the Civil Act.
B. In principle, partition of co-owned property according to one trial on the method of partition of co-owned property shall be divided in kind as far as it is possible to make a rational partition according to the share of each co-owner. However, even if it is impossible in form or it is possible, if the value might be significantly reduced due to the auction of the co-owned property, it may be done by the so-called payment division ordering the auction of the co-owned property, but it may not be divided in kind. In the payment division, it is not physically strict interpretation, but it is difficult to divide the co-owned property in kind in light of the nature, location, size, use situation, and use value after the division.