1. The remaining amount after deducting the expenses for auction from the price of each real estate stated in the separate sheet sold at auction;

In principle, partition of co-owned property by judgment shall be made in kind as long as the price can be reasonably divided according to each co-owner's share. However, if it is impossible to divide in kind or it is possible in form, if the price is likely to decrease significantly, the auction of the co-owned property shall be ordered, and the price shall be divided by the so-called price division.

The requirement of "shall not be divided in kind" in the price division is not a physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide the property in kind in light of the nature, location, area, use situation, use value, etc. of the property jointly owned, and the use value after the division.

(2) The Plaintiff and the Defendant share 1/2 shares of each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”) upon considering the overall purport of the pleadings as indicated in the evidence Nos. 1-1 through 6 of April 12, 2002. In full view of the overall purport of the pleadings, the Plaintiff and the Defendant share 1/2 shares of each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”). Although both parties want to liquidate co-ownership, they do not reach agreement on the method of partition, in particular, since each of the instant real estate is included in the building of each of the instant real estate, it is difficult to divide the instant real estate in kind, and in light of all the circumstances revealed in the proceedings of the pleadings, such as the situation of the use of each of the instant real estate, and the value after the division, each of the instant real estate constitutes a case where

Therefore, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition by admitting it.