1. The remaining money after deducting the expenses for the auction from the proceeds of the sale by selling the real estate listed in the attached list;

1. Facts of recognition;

A. The Plaintiff and the Plaintiff’s former spouse H completed the registration of ownership transfer on May 30, 2008 regarding real estate listed in the separate sheet (hereinafter “instant apartment”) based on sale and purchase on March 22, 2008.

B. At the request of H’s creditor I, the voluntary auction procedure was conducted with respect to H’s 1/2 shares among the instant apartment units, and the Defendant was awarded a successful bid on September 25, 2017 and completed the registration of ownership transfer with respect to the said 1/2 shares on October 30, 2017.

C. On December 7, 2017, the Defendant’s share in the same month as JJ.

6. The provisional registration of the right to claim for the transfer of shares was completed on the basis of the pre-sale agreement, and on November 27, 2018, K's provisional registration of the right to claim the transfer of shares was completed on the ground of the pre-sale agreement on November 24, 2018.

There is no agreement between the Plaintiff and the Defendant on the division method of the instant apartment until the closing date of the argument.

[Ground of recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings

2. According to the above facts acknowledged, the Plaintiff, the co-owner of the apartment of this case, can file a claim against the Defendant, the other co-owner, for partition of the apartment of this case pursuant to Articles 268(1) and 269(1) of the Civil Act.

3. Method of partition of co-owned property;

A. The gist of the parties' assertion 1) The plaintiff's apartment of this case is not suitable to divide the plaintiff's share in kind due to its nature. Thus, among the apartment of this case, the defendant's purchase of the plaintiff's share or the defendant's purchase of the plaintiff's share and the payment of the share price should be divided. In the case of the plaintiff's purchase, provisional registration established in the defendant's share should be cancelled. 2) The defendant's purchase of the apartment of this case was successful, but the plaintiff and his family members did not pay the plaintiff's share in the apartment of this case with unjust enrichment equivalent