1. The plaintiff shall sell the real estate listed in paragraph 1 to an auction for the money remaining after deducting the auction cost from the price.

1. Basic facts

A. The Plaintiff and the Defendants are co-owners of the real estate listed in attached Form 1 (hereinafter “instant real estate”), and the Plaintiff acquired the instant real estate shares through public sale on August 18, 2004.

B. Co-ownership of the Plaintiff and the Defendants’ share in the instant real estate is as shown in attached Form 2.

C. The Plaintiff and the Defendants did not agree on the division of the instant real estate.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Defendant B, around February 16, 1990, specified the same 199 square meters among the real estate in this case and purchased it from E, and claimed that the Plaintiff’s claim for partition of co-owned property in this case is unlawful, since Defendant B’s claim for partition of co-owned property in this case is in co-ownership relation with other co-owners. However, the ground alleged by Defendant B cannot be deemed unlawful due to its determination of the facts in this case. Thus, the above assertion by Defendant B is without merit.

3. Judgment on the merits

A. According to the above facts of recognition, the Plaintiff, a co-owner of the instant real estate, may claim the division of the instant real estate against the Defendants, who are other co-owners, pursuant to Article 269(1) of the Civil Act.

As to this, Defendant B, around February 16, 1990, purchased from E a specific 199 square meters of the same part of the real estate in this case and claimed the Plaintiff’s claim for partition of co-ownership with other co-owners. However, it is not sufficient to recognize that Defendant B divided ownership of part of the land in this case solely with the statement of evidence Nos. 1 through 4, and even if Defendant B divided ownership of part of the land in this case, the Plaintiff is treated as indicating the sectional co-ownership relation of the specific part of the land at the time of acquiring co-ownership of the real estate in this case through the public sale procedure on August 18, 2004.