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1. The plaintiffs are the plaintiffs, who put the amount of 998 square meters prior to AC to an auction and deduct the auction cost from the price.
Reasons
1. Facts of recognition;
A. The Plaintiffs and the Defendants jointly inherit on June 10, 1971, which was the descendants of the network AD, and after the death of AD, the AD was jointly owned by each share listed in the separate sheet as of the date of the closing of argument in the instant case.
B. Defendant X died on December 2, 2015, which was after the instant lawsuit was filed, and Defendant X taken over the instant legal proceedings by Defendant Y, Z, AA, and AB (Real Estate Registration Injury AE).
C. The Plaintiffs and the Defendants did not reach an agreement on the method of dividing the instant land by the date of closing the argument in the instant case.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 29, the purport of whole pleading
2. Determination
A. According to the facts acknowledged above, the Plaintiffs, co-owners of the instant real estate, can file a claim against the Defendants, who are other co-owners of the instant real estate, for partition of the instant land, pursuant to Articles 268(1) and 269(1) of the Civil Act.
B. In the case of dividing the co-owned property through a trial, in principle, dividing it in kind, or in the case of dividing it in kind or in the case of dividing it in kind, if the value of it might be significantly reduced, an auction of the co-owned property may be ordered. Here, the requirement does not physically strict interpretation, and it includes cases where it is difficult or inappropriate to divide it in kind in light of the nature, location, size, use status, use value after the division, etc. of the co-owned property, and it includes cases where it is difficult or inappropriate to conduct the in-kind division in consideration of the nature of the co-owned property, location, size, and use status, use value after the division, etc. It includes cases where even if the co-owner made the in-kind division, the value of the portion to be owned by the sole owner might remarkably decrease rather than the share value before the division (see Supreme Court Decision 2009Da40219, Apr. 10, 2026).