1. The real estate listed in the separate sheet 1 shall be put to an auction and the proceeds of the auction shall be deducted from the proceeds of the auction;

1. The plaintiffs and the defendant share each real estate listed in the separate sheet 1 (hereinafter referred to as "each real estate of this case") according to the share ratio listed in the separate sheet 2, and they did not reach an agreement on the method of dividing each real estate of this case.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1 and 2-2, the purport of the whole pleadings

2. The partition of co-owned property, based on the judgment as to the method of partition of co-owned property, should be made by the method of in-kind partition, if it is impossible to divide it in kind or even if it is possible in form, if the price might be reduced remarkably due to the auction of the co-owned property, and the price shall be divided by the method of price division.

Here, "The price is significantly reduced due to the in-kind division" includes not only the case where the exchange value of the whole co-owned property is significantly reduced due to the in-kind division but also the case where the share price of the part to be owned independently due to the in-kind division is significantly reduced compared to the share price of the co-owned property before the partition of co-owned property.

Therefore, even if it is possible to divide the article in kind formally, if it is not possible to divide the article in kind according to the ratio of shares owned by each co-owner, it is not necessary to divide the article in kind, but to divide the article jointly owned by the method of payment in kind in consideration of the location, area and surrounding road conditions, use value, price, share ratio of co-owner's ownership and use and profit-making status, etc.

(See Supreme Court Decision 2002Da4580 Decided April 12, 2002, etc.). Examining the instant case’s return, each of the instant real estate is a building and its site when it is difficult to divide it in kind or it is likely that the value of each of the instant real estate might be significantly decreased due to the spot division.