1. The real estate listed in Schedule 1, 1, 2 shall be put to an auction and the auction cost shall be deducted from the proceeds thereof.

1. Indication of claims: To describe the cause of claims and the changed cause of claims in attached Form; and

2. Claim against Defendant B or C: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act).

3. Request against Defendant D: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).

4. Part concerning partial dismissal

A. It is insufficient to recognize that the Plaintiff acquired 2/11 shares of each real estate listed in the separate sheet Nos. 1 through 5 alone with the entries of evidence Nos. 3 through 6 of the portion claiming partition of co-owned property as to each real estate listed in the separate sheet No. 3 through 6. The Plaintiff’s assertion on this part is without merit.

[Defendant B and C are deemed to be co-owners of each of the above real estate pursuant to Article 150(3) of the Civil Procedure Act, but this does not necessarily bind this court. Meanwhile, the proviso of Article 81(1)2 of the Civil Execution Act provides that a compulsory auction application for an unregistered building should be accompanied by documents to prove a construction permit or building report on the building. Article 274(1) of the same Act provides that an auction for partition of co-owned property shall be conducted in the same manner as an auction for exercising a security right, and Article 268 of the same Act provides that the provisions of Articles 79 through 162 of the same Act shall apply mutatis mutandis to the auction for exercising a security right to real estate, and thus, a partition of co-owned property by auction shall not be permitted for an unregistered building without a construction permit or report (see, e.g., Supreme Court Decision 201Da61310, Sept. 13, 2013).