The real estate listed in the list No. 1 (hereinafter “instant real estate”) is jointly owned by the Plaintiff and the Defendants, and there was no agreement between the Plaintiff and the Defendants on the division of the instant real estate, and the existence of no special agreement on the prohibition of division does not exist between the parties, or it can be acknowledged by taking into account the overall purport of the pleadings as a whole, as stated in the evidence No. 1 through No. 4.

Therefore, the Plaintiff may request the division of the instant real estate.

However, according to the above evidence, since the real estate in this case consists of the building site and its ground building, it is difficult or inappropriate to divide it in kind, it is reasonable to divide it into auction.

Therefore, it is so decided as per Disposition by deciding to distribute the remaining amount after deducting the auction cost from the sale price of the instant real estate by auction to the ratio of shares in the attached Form 2 of the plaintiff and the defendants.