1. The remaining amount of each real estate listed in the separate sheet after deducting the expenses for auction from the proceeds of auction;

1. Facts of recognition;

A. The Plaintiff and the Defendants shared each real estate listed in the separate sheet (hereinafter “each real estate of this case”) according to the share ratio in the attached sheet.

B. There is no agreement between the Plaintiff and the Defendants not to divide each of the instant real estate.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Plaintiff, a co-owner of each real estate of this case, may file a claim against the Defendants, who are other co-owners, for the partition of each real estate of this case, under Article 269(1) of the Civil Act.

B. As to the partition of co-owned property

1) In principle, partition of co-owned property by judgment shall be made in kind as long as it is possible to make a rational partition according to the co-owner's share. If it is impossible to divide in kind or in kind, it may be made by ordering an auction of the property when the price might be significantly reduced (Article 269 of the Civil Act). The requirement that "it may not be divided in kind" in the payment in kind is not physically strict interpretation, but it shall include cases where it is difficult or inappropriate to divide in kind in light of the nature, location, area, use situation of the co-owned property, and the use value after the division." Further, even if the co-owner's co-owner's share is a person, it shall include cases where the value of the portion to be owned by the sole owner in kind might be significantly reduced compared to the share value of the property before the division (see, e.g., Supreme Court Decision 200Da42582, Apr. 12, 202). 202.