1. The real estate indicated in the annexed real estate shall be put to an auction and the auction expenses shall be deducted from the proceeds of sale;

1. Facts of recognition;

A. The Plaintiff and the Defendants are co-owners on the register of each real estate indicated in the indication of the attached real estate (hereinafter collectively referred to as “instant real estate”), and each co-ownership share is as indicated in the indication of co-ownership in the attached Form.

B. Although the Plaintiff and the Defendants did not agree not to divide the instant real estate, they did not reach an agreement regarding the method of division.

[Ground of recognition] Facts without dispute, Gap evidence 1-3, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the facts acknowledged above, since the Plaintiff, a co-owner of the instant real estate, and the Defendants did not reach agreement on the method of partition, the Plaintiff may file a judicial claim against the Defendants for partition pursuant to Article 269(1) of the Civil Act.

B. In full view of the circumstances that, prior to the method of partition of co-owned property, part of the instant real estate recognized by the Plaintiff and the Defendants’ co-ownership share and the purport of the entire pleadings, it is deemed inappropriate to divide the instant real estate in kind in light of the nature, location, size, use situation, etc. of the instant real estate in light of the nature, location, etc. of the instant real estate and the Defendants’ co-ownership share, and the size

(See Supreme Court Decision 2002Da4580 delivered on April 12, 2002). Therefore, it is reasonable to divide the instant real estate by means of a method of payment by auction under Article 269(2) of the Civil Act.

3. In conclusion, it is decided as per Disposition by the court below that the real estate of this case was put to an auction and the remaining money after deducting the auction cost from the price will be divided in proportion to the share of each of the plaintiff and the defendants.