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1. The remaining amount of each real estate listed in the separate sheet after deducting the expenses for auction from the proceeds of auction;
Reasons
1. The Plaintiff and the Defendants share each real estate listed in the separate sheet (hereinafter collectively referred to as “instant real estate”) as the shares indicated below.
As of the closing date of the instant case, the agreement on the division method of the instant real estate was not reached between the Plaintiff and the Defendants.
The co-owner's share 2/9 of the plaintiff B 3/9 of the defendant B 3/9 of the defendant C 24/9 of the defendant D 24/9 of the defendant D 1/19 of the co-owner's share is without dispute, and the purport of the whole argument is as follows: Gap evidence 1-3 and evidence 2;
2. Determination
A. Co-owners may file a claim for partition of co-owned property (the main sentence of Article 268(1) of the Civil Act). If a consultation as to the method of partition does not lead to an agreement, co-owners may file a claim for partition with the court. If it is impossible to divide it in kind or the value thereof is likely to decrease remarkably due to the division, the court may order auction of the property (Article 269 of the Civil Act). Accordingly, the Plaintiff, co-owners, as co-owners, may file a claim for partition against the Defendants, who are other co-owners, pursuant to the main sentence of Article 268(1) and Article 269 of the Civil
B. The partition of co-owned property based on the judgment of one legal principle as to the partition of co-owned property is in principle, it is impossible to divide it in kind or in kind, or it is possible in form
Even if the price of the article jointly owned is likely to be significantly reduced due to such act, the sale of the article jointly owned shall be ordered in accordance with Article 269(2) of the Civil Code and the price shall be divided by the so-called payment method. The price of the article substantially reduced due to the in-kind division shall be not only if the exchange value of the article jointly owned is substantially reduced due to the in-kind division, but also if the owner fails to fairly divide the article, it shall be owned by the owner by the in-kind division.