A. On March 31, 201, the deceased I and the defendant A completed the registration of ownership transfer on each one-half portion of the real estate listed in the separate sheet (hereinafter “instant real estate”) on March 31, 201, and the Plaintiff completed the registration of ownership transfer on October 31, 2017.

B. The deceased died on September 17, 201. At the time of the death, Defendant C, Defendant D and E, who was the wife of Defendant A, F, G, H and deceased (Death on December 27, 2008).

C. At present, the Plaintiff shares 91/182 (i.e., 1/2) shares in the instant real estate; (ii) shares in Defendant A 21/182 (i.e., 3/26 = 1/2) shares in 3/13) shares; (iii/26) shares in Defendant B, F, G, and H 14/182 (i.e., 2/26 = 1/2) shares; (iii) shares in Defendant C 6/182(i.e. 1/2 x 2/13 x 3/13 x 3/7); (iv) shares in Defendant D, and E, 4/182(=1/2 x 2/13 x 2/7) shares; and (v) shares in the method of dividing the instant real estate have not been

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 33 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the above facts acknowledged as above, the Plaintiff, as co-owners of the instant real estate, may claim the division of the said real estate against the Defendants, who are other co-owners.

B. The following circumstances are revealed by comprehensively taking account of the evidence presented prior to the method of partition of the article jointly owned and the purport of the entire pleadings, i.e., ① the instant real estate is difficult to divide it in kind as an apartment, ② the Plaintiff wants to divide the price following the auction, and the remaining Defendants except the Defendant F, who was going through service by public notice, agree to such division. As such, the said real estate is difficult or inappropriate to divide it in kind, and thus, it is referred to the auction as set forth in paragraph (1) of this Article.