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1. The remainder of the amount calculated by deducting the auction cost from the price by selling the 200.2m2m2 in Nam-gu Incheon Metropolitan City.
Reasons
1. The following facts may be found either as a dispute between the parties or as a whole by integrating the purport of the entire pleadings in the entry of evidence A No. 1:
In Incheon Nam-gu I large 200.2 square meters (hereinafter “instant land”) are the Plaintiff 300/759 shares, Defendant B 24/759 shares, Defendant C90/759 shares, Defendant D105/759 shares, Defendant E90/759 shares, Defendant F, G, and H 50/759 shares.
B. Until the closing date of the instant argument, a co-owner and the Defendants did not reach an agreement on the method of dividing the instant land.
2. Determination:
A. According to the above facts, the Plaintiff, as co-owners of the instant land, did not reach an agreement on the method of partition with the Defendants, who are other co-owners. Thus, the Plaintiff may file a claim against the Defendants for the partition of the instant land as the instant lawsuit.
B. Furthermore, with respect to the method of partition of the land in this case, the method of dividing the land in kind and the method of dividing the jointly-owned property through a trial is in principle, and if it is impossible to divide the land in kind or if the value of the land in kind is likely to be significantly reduced, an auction may be ordered, and if it is impossible to divide the land in kind, it shall not be physically strict interpretation, but shall include cases where it is difficult or inappropriate to divide the land in kind in light of the nature, location and size of the jointly-owned property, the situation of its use, the use after the division, and the use value after the division. According to the evidence mentioned above, the land in this case is less than 200.2 square meters, so it is inappropriate for the co-owner to divide the land in kind with the Plaintiff and the Defendants. In this case, Defendant G and H did not want to divide the land in kind, but they want to purchase it, but they do not have any contact with the Defendants.