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

1. The Plaintiff and the Defendants shared the real estate listed in the separate sheet (hereinafter “each land of this case”) in proportion to 1/6 shares. The facts that the agreement on the division of each land of this case was not reached between the Plaintiff and the Defendants by the closing date of pleadings are not disputed between the parties, or acknowledged by the purport of Gap evidence Nos. 1 through 3 and all pleadings.

According to this, the Plaintiff, a co-owner of each of the lands of this case, may claim a partition of land under Article 269(1) of the Civil Act against the Defendants, the remaining co-owners.

2. The method of partition of co-owned property, and the method of partition by trial shall be, in principle, divided in kind as long as a reasonable partition can be made according to the co-owner's share. However, if it is impossible to divide in kind or in kind, or if it is possible to divide in kind, if the value might be significantly reduced, an auction may be ordered to divide in kind. In the payment, the requirement that "it may not be divided in kind" is not physically strict interpretation. It includes cases where it is difficult or inappropriate to divide in kind in light of the nature, location, size, use situation of the co-owned property, and the use value after the division.

(See Supreme Court Decision 2009Da40219, 40226 Decided September 10, 2009, etc.). Considering the following circumstances: (a) the housing located in part of each of the instant land; and (b) it is difficult to divide the instant land in kind; (c) the Defendants did not present the method of in-kind division; and (d) are deemed to have not raised any objection to the auction division; and (e) each of the instant land constitutes a case where it is difficult or inappropriate to divide the instant land in kind; and (e) the amount of each of the instant land sold by selling each of the instant land by auction is the Plaintiff.