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

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. Each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) is jointly owned by the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) at the share of 4/5 and the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) at the share of 1/2.

B. The Plaintiff and the Defendant did not reach an agreement on the division method of each of the instant real estate, which is public property, until the closing date of the instant argument.

【Ground of recognition】 Evidence Nos. 1-3 and the purport of the whole pleadings

2. The assertion;

A. The Plaintiff (the Plaintiff’s claim) concluded a sales contract with the Defendant at the time of concluding the sales contract with all the other co-owners except the Defendant, and attempted to purchase the Defendant’s shares, but the Defendant rejected the contract.

Therefore, since the agreement on the method of partition of each real estate of this case was not established, the plaintiff has the right to claim partition of co-owned property against the defendant based on his co-ownership, and considering the current status of each real estate of this case, it is impossible to divide it in kind

B. Although the Plaintiff made a false assertion that he had concluded a sales contract verbally with the Defendant, the Plaintiff lost the lawsuit.

However, while the plaintiff again filed the suit of this case, he asserted the division of auction for each of the real estate of this case, but it is unfair to cause damage if the auction is divided.

Considering the above circumstances, since the failure to reach an agreement on the division of the jointly owned property is attributable to the Plaintiff, the Defendant has the right to purchase the Plaintiff’s shares at a reasonable price as stated in the counterclaim and to close the joint ownership relationship by acquiring ownership at a reasonable price.

In addition, pursuant to the good faith principle, the Plaintiff is obligated to liquidate the liability and the unpaid purchase of shares as security before transferring his/her shares.

3. Determination

A. Claim for partition of co-owned property