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

1. Facts of recognition;

A. Each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) or each of the instant real estate listed in the separate sheet is jointly owned by the Plaintiff at 5/6 and the Defendant at 1/6’s respective shares.

B. In the instant real estate, unauthorized houses, warehouses, and vain simplified exist on the instant real estate, the instant real estate accounts for a significant portion of the instant real estate, such as the unauthorized houses, warehouses, and vain simplified photographs.

C. As to the Plaintiff’s lawsuit seeking the auction division of each of the instant real property owned jointly by the Defendant, the Defendant opposed to the instant lawsuit, and led to an unauthorized house on the instant one’s real property (the building on the front photo), and the left side is owned by the Defendant, and the pertinent two real property and the right side of the pertinent two real property want to be divided in kind, which shall belong to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap 1, 3 evidence, Eul 2 evidence (including paper numbers), the purport of the whole pleadings

2. Determination:

A. According to the facts acknowledged above, there was no agreement between the Plaintiff and the Defendant as co-owners of each real estate of this case regarding the method of partition of each real estate of this case.

Therefore, as co-owners of each real estate of this case, the plaintiff can request the defendant, who is a co-owner, to divide each real estate of this case.

B. In principle, partition of co-owned property according to a judgment on the method of partition of co-owned property shall be made in kind as long as a rational partition can be made according to the shares of each co-owner, but if it is impossible to divide in kind or it is possible in form, if the price might be reduced remarkably due to such possibility, the auction of the co-owned property shall be ordered to divide the price by the method of payment division.

The requirement that the "in-kind can not be divided" is not a physically strict interpretation, but in light of the nature, location, area, situation of use, and value of use after the division, etc. of the common property.