Text
1. The remaining amount after deducting the expenses for the auction from the proceeds of the sale by selling the real estate listed in the separate sheet;
Reasons
1. Facts of recognition;
A. The mother of the Plaintiff A, B, C, D, E, and Plaintiff F (Death on November 6, 197) and the Defendants are the children of K who died on January 18, 197 and died on August 30, 2005.
B. The registration of ownership preservation was completed on December 3, 2002 in the name of L Co., Ltd., the contractor, upon the subrogation of L Co., Ltd. as to the real estate listed in the separate sheet (hereinafter “the apartment of this case”). On August 20, 2004, the registration of ownership transfer was completed on January 18, 1997 in the name of K, Plaintiffs A, C, D, E, E, Defendants, and Y for inheritance on January 18, 1997. On August 30, 2006 after K’s death, the registration of ownership transfer was completed in proportion to their respective statutory inheritance shares. Accordingly, the Plaintiffs and the Defendants shared the apartment of this case at the ratio of 1/8 shares, respectively.
C. No agreement was reached between the Plaintiffs and the Defendants on the method of dividing the apartment of this case until the date of closing the argument of this case.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination of the parties' arguments
A. 1) According to the above facts of co-owned property partition claim, the plaintiffs and the defendants co-ownership of the apartment of this case. The plaintiffs and the defendants did not have any agreement on the method of partition between the plaintiffs and the defendants, the plaintiffs can file a claim against the defendants for the division of the apartment of this case based on their co-ownership right. 2) The defendants' assertion as to the defendants' assertion as to the defendants' assertion as to the apartment of this case is that the defendant G, except the net K and the plaintiff F, and the remaining plaintiffs and the defendant H agreed to waive their inheritance as to the deceased J's inherited property and to transfer their respective inheritance shares to the defendant G on or around September 4, 2002, the remaining plaintiffs except the plaintiff F, on the ground of the agreement on the division of inherited property as of September 4, 2002.