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

1. Facts of recognition;

A. The deceased F (hereinafter “the deceased”) died on January 31, 2013, and the heir was the Plaintiffs and the Defendant, who were their children.

B. The Deceased owned each real estate listed in the separate sheet (hereinafter “each of the instant real estate”), and the Plaintiffs and the Defendant completed the registration of ownership transfer with respect to 1/5 shares out of each of the instant real estate on March 26, 2019 by inheritance.

C. There was no partition agreement between the Plaintiffs and the Defendant regarding each of the instant real estate, and there was no agreement prohibiting the partition of each of the instant real estate.

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. Determination

A. According to the facts acknowledged as above, the Plaintiffs, co-owners of each real estate of this case, may file a claim for partition against the Defendant, who is another co-owner, pursuant to the main sentence of Article 268(1) and Article 269(1) of the Civil Act.

B. As a matter of principle, the partition of co-owned property in kind can be divided in the manner of a rational partition according to each co-owner's share. The requirement of "the above" is not physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide the co-owned property in kind in light of the nature, location, size, use situation, and use value after the division (see, e.g., Supreme Court Decision 2002Da4580, Apr. 12, 2002). In light of the above legal principles, the case of this case is deemed to be in light of the above legal principles.

In light of the nature, location, area, utilization status, and use value of each real estate of this case recognized by the records of this case, the interests between the plaintiffs and the defendant are appropriate.