1. The remaining amount of each real estate entered in the list, which remains after deducting the auction expenses from the proceeds thereof; and

A. Attached Form

1. As to each real estate listed in the list (hereinafter “each of the instant real estate”), the Plaintiffs and the Defendants attached thereto.

2. Co-ownership is in proportion to co-ownership shares entered in the list.

B. The Plaintiffs and the Defendants did not agree on the method of dividing each of the instant real estate, and there is no special agreement prohibiting the division.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Plaintiffs, co-owners, based on their co-ownership rights, may request the Defendants, who are other co-owners, to divide each of the instant real estate.

B. In the case of dividing the jointly-owned property through a trial on the method of partition, in principle, it is possible to divide the jointly-owned property in kind as long as it can be reasonably divided according to each co-owner's share. However, if it is impossible to divide it in kind or in kind, and if the value of the property might be significantly reduced, the auction of the property may be ordered. Here, the requirement of "undivided in kind" is not physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide the property in kind in light of the nature, location, area, use status, and the use value after the division.

(2) Each real estate of this case can be divided into kind in light of the following facts: (a) the real estate of this case is the housing site and the second floor above its ground; and (b) it is difficult to deem that there exists a possibility of spot division in consideration of the situation in which the plaintiffs and the Defendants acquired co-ownership shares of each real estate of this case and the circumstances indicated in the pleading, etc.; and (c) it is difficult to divide each real estate of this case into kind in consideration of the process in which the plaintiffs and the Defendants acquired co-ownership shares of the real estate of this case and all the circumstances indicated in the pleading. Thus, each real estate of

(c).