1. The amount of money remaining after deducting the auction expenses from the proceeds of the auction by selling the 7537 square meters of the Busan Seo-gu D Forest to the auction.

1. Facts of recognition;

A. The Plaintiff shared the Plaintiff’s share of 35496485/7092971 shares and the Defendant’s share of 35496486/709292971 shares with respect to the land of Busan Seo-gu D, Busan (hereinafter “instant land”).

B. The Plaintiff and the Defendant did not reach an agreement on the partition of co-owned property until the closing date of the instant argument.

[Ground for Recognition: Unsatisfy Facts, entry of Gap evidence 1, 2, and 3, the purport of the whole pleadings]

2. Determination

A. According to the above recognition of the co-owned property partition claim, the Plaintiff, co-owner of the instant land, can file a claim against the Defendant, who is another co-owner, for the partition of the pertinent land.

B. A method of partition of co-owned property 1) In a case where a co-owned property is divided in kind with a judgment, if it is impossible to divide it in kind or if it is possible to divide it in kind with the value, the auction of the property may be ordered, and “the co-owned property shall not be divided in kind” here is not physically strict interpretation but physically strict interpretation. It includes cases where it is difficult or inappropriate to divide it in kind in light of the nature, location, size, utilization situation, use value after the division (see, e.g., Supreme Court Decision 2009Da40219, 40226, Sept. 10, 2009).

In order to divide the land of this case in kind based on the above recognized facts and recognized evidences, the following circumstances, i.e., ① the location of the land of this case, such as its shape and surrounding land and road conditions, should be able to reasonably divide according to each share, with objective data that can compute economic value, such as the location of the land of this case, and the surrounding land and road conditions. However, there is no reasonable method of dividing the land in kind without submitting data that can compute the value of this case. ② Each share of the plaintiff and the defendant is registered as collateral security and provisional seizure.