1. The remainder of the amount calculated by deducting the auction cost from the proceeds by selling the 19m3m2 in Jeoncheon-si, Jeoncheon-do.

1. The land listed in Paragraph (1) of the Disposition of Basic Facts (hereinafter “instant real estate”) is jointly owned by the Plaintiff and the Defendant according to the shares listed in Paragraph (1) of the Disposition. There are buildings owned by the Plaintiff in part of the instant real estate, and there is no consultation between the Plaintiff and the Defendant on partition of co-owned property

[Reasons for Recognition] Judgment by Publication (Article 208 (3) 3 of the Civil Procedure Act)

2. Determination

(a) Co-owners who have created the right to partition of co-owned property may file a claim for partition of the co-owned property (main sentence of Article 268(1) of the Civil Act). If the consultation on the method of partition does not lead to an agreement, co-owners may file a claim for partition with the court; if it is impossible to divide in kind or the value thereof might be reduced remarkably due to such partition, the

(Article 269 of the Civil Act). Therefore, the Plaintiff, a co-owner of the instant real estate, may seek a partition of co-owned property against the Defendant, who is another co-owner pursuant to the main sentence of Article 268(1) and Article 269 of the Civil Act

B. The method of partition of co-owned property in this case is a service by public notice to Defendant B and it is practically difficult to hold a consultation on the method of partition. In addition, in light of all circumstances such as the share ratio between the Plaintiff and the Defendant with respect to the instant real estate, the location, form, size, use relation, etc. of the instant real estate, it is difficult or inappropriate to divide the instant real estate in kind according to the share ratio between the Plaintiff and the Defendant. Thus, it is reasonable

3. According to the conclusion, the real estate of this case is sold to an auction and the remainder after deducting the auction cost from the price is divided by distributing the remaining amount to the plaintiff and the defendant in proportion to his share