1. The plaintiff shall sell 463m2 in Busan, Seo-gu I and the remainder after deducting the auction cost from the price.

1. Facts of recognition;

A. The land of this case was owned by J and the Defendants. The land of this case was 463 square meters in Busan Seo-gu I (hereinafter “instant real estate”).

B. On March 2, 2016, the Plaintiff purchased 269700/200 of the JJ’s share in the instant real estate during the compulsory auction procedure by Busan District Court K Real Estate, and on April 6, 2016, the registration of share transfer was completed in the name of the Plaintiff with respect to the said share.

C. A co-ownership share of the Plaintiff and the Defendants is equal to each share ratio indicated in the separate sheet of co-ownership.

Until the closing date of the instant case, no agreement was reached between the Plaintiff and the Defendants on the method of dividing the instant real estate.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination

A. According to the above facts acknowledged as above, the plaintiff and the defendants shared the real estate of this case. Since the above parties did not reach an agreement on the method of partition of the real estate, the plaintiff can file a claim against the defendants for partition of the real estate of this case based on their co-ownership right.

As to this, Defendant B, D, F, and G asserted that since co-owners of the instant real estate have sectionally co-ownership relationship, the Plaintiff cannot file a claim for partition of co-owned property.

However, in the so-called sectionally owned co-ownership relationship, in which two or more persons agree to specify the location and area of one parcel of land and register it as co-ownership by the sectional owners, each sectionally owned co-owner disposes of his/her rights as the true co-ownership share for the entire parcel of land as recorded in the register, the third party acquires the co-ownership share for the entire parcel of land and the sectionally owned co-ownership relationship terminates.

Since this is the same in the auction, the executing court shall evaluate the specific sectionally owned object, not co-ownership, and accordingly determine the minimum auction price.