1. The amount of real estate listed in the separate sheet remaining after the cost of auction is deducted from the proceeds of auction;

1. The real estate listed in the separate list of the facts of recognition (hereinafter “instant real estate”) shares 306/50237 shares in the Plaintiff, Selection, F, G, and H, each of the Defendant B, Defendant Selection Party C, I, J, K, L, L, and M are shares 1653/50237 shares, N is 1524/50237 shares, the Selection is 6612/50237 shares, P is 6612/5037 shares, P is 9918/351659 shares, Defendant D, and E shares 6612/351659 shares.

[Ground of recognition] Unsatisfy, Gap evidence 2, the purport of the whole pleadings

2. Defendant B asserted that there was an agreement among the co-owners of the instant real estate to divide the instant real estate into co-owned property by the method of partition claimed by Defendant B. However, if Defendant B’s above assertion is reasonable, the instant principal lawsuit and counterclaim are unlawful, and thus, Defendant B’s main lawsuit and counterclaim are deemed to include the instant safety defense in the purport of the aforementioned assertion, and the determination thereof is made.

In addition, it is insufficient to recognize the fact that the co-owners of the instant real estate agreed to divide the instant real estate by the division method asserted by Defendant B, as well as that there was such an agreement, even if the co-owners of the instant real estate were to divide the instant real estate.

Even if R, which was the co-owner of the instant real property at the time, donated his share to K, and after S sold his share to the selector L. Since there is no evidence to acknowledge that the selector K and L succeeded to the co-owned property partition agreement, the above assertion by Defendant B is without merit.

3. Judgment on the merits

A. In principle, partition of co-owned property by auction and co-owned property judgment shall be divided in kind as far as it is possible to make a reasonable partition according to the share of each co-owner. However, if it is impossible to divide in kind in kind or if it is possible to make a division in kind, the value may be reduced remarkably, the auction may be ordered to pay in kind.