1. The remainder of the money obtained by deducting the auction costs from the proceeds of the sale of the real estate listed in the annex 1 list.

1. Basic facts

A. The Plaintiff, the Defendant (Appointed Party; hereinafter “Defendant”), the Appointed Party D, E, and F shares in the corresponding column of the attached Table 2, among the lands listed in the attached Table 1 list (hereinafter “instant land”).

B. There was no agreement between the Plaintiff, the Defendant, and the designated parties on the method of dividing the instant land.

【Reasons for Recognition】 Each entry of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. The Plaintiff’s assertion by the parties is the co-owner of the instant land, seeking the division of the co-owned property against the Defendant and the designated parties, who are the other co-owners.

As to this, the Defendant and the designated parties asserted that the instant land was nominally trusted to the Plaintiff, the Defendant, and the designated parties, and thus, it is not permissible to make a partition of co-owned property against the purpose and purport of title trust.

3. Determination

A. Article 268(1) of the Civil Act provides that “Co-owner may claim partition of the co-owned property, but the co-owner may agree not to partition the co-owned property for a period not exceeding five years.” Article 269(1) of the Civil Act provides that “The co-owner may file a claim for partition with the court if the agreement on the method of partition does not lead to an agreement on the method of partition.”

According to the facts acknowledged earlier, the Plaintiff, a co-owner of the instant land, may, barring any special circumstance, seek a partition of the co-owned property against the Defendant and the designated parties, who are other co-owners, pursuant to Articles 268(1) and 269(1) of the Civil Act

B. The defendant's assertion 1) As to the legal nature of the intervenor, which is the premise for the judgment of the legal nature of the intervenor, the clans first live in the legal nature of the intervenor. A) It is a naturally created family organization formed for the purpose of protecting the graves of the common ancestor and promoting friendship among the descendants, and is a customary organization by his/her descendants at the same time as the death of the vessel.