1. The remainder of the money obtained by deducting the auction costs from the proceeds of the sale of the real estate listed in the annex 1 list.

1. Basic facts

A. On November 2, 198, H, I, J, K, L, and Defendant B, the Plaintiff’s reference, completed the registration of preservation of ownership as to each of 1/6 shares of the land listed in the annexed Table 1 (hereinafter “instant land”).

B. On August 1, 2018, the Plaintiff completed the registration of transfer of ownership based on donation on August 1, 2018 with respect to H’s 1/6 of the instant land.

C. On August 17, 1993, J completed the registration of ownership transfer on the ground of sale on December 7, 1989 with respect to K 1/6 shares and L 1/6 shares among the land in this case. Defendant D completed the registration of ownership transfer on April 10, 1997 with respect to total 3/6 shares of J on the ground of inheritance due to consultation and division on April 10, 1997.

D. On June 26, 2019, Defendant C completed the registration of ownership transfer based on inheritance by consultation and division on November 11, 2018 with respect to 1/6 of shares I out of the instant land.

E. There was no agreement between the Plaintiff and the Defendants on the method of dividing the instant land.

【Reasons for Recognition】 Each entry of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. The Plaintiff asserted by the parties is a co-owner of the instant land and seeks the division of co-owned property against the Defendants, who are other co-owners.

As to this, the Defendants asserted that the instant land was nominal by the Intervenor joining the Defendant (hereinafter “ Intervenor”) to the Plaintiff and the Defendants, and thus, it is not permissible to make a partition of co-owned property against the purpose and intent of title trust.

3. Determination

A. Article 268(1) of the Civil Act provides that “Co-owner may claim partition of the co-owned property, but the co-owner may agree not to partition the co-owned property for a period not exceeding five years.” Article 269(1) of the Civil Act provides that “The co-owner may file a claim for partition with the court if the agreement on the method of partition does not lead to an agreement on the method of partition.”

According to the above facts, there are no special circumstances.