1. The real estate listed in paragraph 1 of the attached list shall be put to an auction and the remainder after deducting the auction cost from the price;

1. Basic facts

A. The network E died on February 8, 2013, and the Plaintiff’s wife, Plaintiff B, C, and Defendant are children of the network E.

B. On June 28, 2010, the ownership transfer registration for each of the instant real estate No. 1 in the separate sheet No. 1 (hereinafter “instant real estate”) was completed on November 12, 2007 with respect to each of the instant real estate No. 1/4 shares due to sale and purchase on November 12, 2007. (2) On August 29, 2013, the Plaintiff died and completed the registration of ownership transfer for each of the instant real estate No. 1 in the instant case, and for each of the instant real estate No. 3/36 shares on August 29, 2013, the Plaintiff completed the registration of ownership transfer for each of the instant 2/36 shares by inheritance on February 8, 2013.

C. On June 28, 2010, the ownership transfer registration was completed in the Plaintiff B, C, and Defendant’s name with respect to each of the 1/3 shares of the instant real estate out of the instant real estate No. 2 on November 13, 2007, based on the sale on November 13, 2007.

The plaintiffs and the defendant did not reach an agreement on the method of dividing each real estate of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. Determination

A. Co-owners may file a claim for partition of co-owned property (main sentence of Article 268(1) of the Civil Act). If a consultation on the method of partition does not lead to an agreement on the method of partition, co-owners may file a claim for partition with the court. If it is impossible to divide the property in kind or the value thereof is likely to decrease remarkably due to the division, the court may order auction of the property (Article 269 of the Civil Act). Accordingly, the Plaintiffs, co-owners, as co-owners, 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

B. According to each of the above evidence 1, each of the real estate in this case is the exclusive part of the commercial building, and the plaintiffs and the defendant as to each of the real estate in this case.