1. The remainder which remains after deducting the auction expenses from the proceeds of sale attached to the auction with the area of 400 square meters of Busan Seo-gu E forest;

1. Facts of recognition;

A. The Plaintiff and the Defendants are co-owners who own the pertinent shares indicated in the attached Form 1 joint ownership status table among the land of 400 square meters in Seo-gu Busan Metropolitan City E-do (hereinafter “instant land”).

The plaintiff was awarded a successful bid on October 24, 2018.

B. On the ground of the instant land, there is an unregistered building owned by Defendant B and D without permission listed in attached Table 2, and there is no unregistered building owned by F (the floor area of 186 square meters) without permission.

C. Until the closing date of the instant argument, the Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant land.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including the number of branch numbers, hereinafter the same shall apply), each fact inquiry result, the result of surveying appraisal entrustment, the purport of the whole pleadings

2. Judgment as to the partition of co-owned property

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

B. The method of partition of co-owned property is (1) the parties’ assertion (A) as to the partition of the co-owned property by the Plaintiff and Defendant C, and thus, it is inappropriate to divide the price by auction.

(B) On May 27, 1995, Defendant D acquired the Defendant’s share in the instant land while purchasing cement block block detached houses, which are buildings not registered without permission for a size of 92 square meters, among the instant land, and are residing in the said housing.

The area of the building site owned by Defendant D does not exceed 9.17 square meters equivalent to the share of the instant land by Defendant D.

Therefore, it is reasonable to divide the part of the instant land into Defendant D’s ownership, and the remaining part of 308 square meters in the form of payment by auction.

(2) (A) The partition of co-owned property by judgment is in kind as far as it is possible to make a reasonable partition according to each co-owner’s share.