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

1. The fact of recognition lies in the ownership of each real estate listed in the separate sheet (hereinafter collectively referred to as the “instant real estate”) by the Plaintiff (designated parties, hereinafter referred to as the “Plaintiff”) and the designated parties C, D, and the Defendants as indicated in the separate sheet as follows.

As of the date of the closing of the instant case, there was no agreement on the method of dividing the instant real estate between the Plaintiff, the designated parties, and the Defendants.

The co-owner's share of 41/100 C/10 of the 33 designated parties of C/100 of the 34/100 defendant A/10 of the 35/100 defendant B/10 of the defendant B/100 of the co-owner's co-owner's share is without dispute, Gap evidence Nos. 1-3 and 2, and the purport of the whole pleadings as a whole.

2. Determination

A. Co-owners may file a claim for partition of co-owned property (the 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 of the property 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 Plaintiff and the designated parties, co-owners, can file a claim for partition against the Defendants, other co-owners, pursuant to the main sentence of Article 268(1) and Article 269 of the Civil Act

B. The partition of co-owned property based on the judgment of one legal principle as to the partition of co-owned property is in principle, it is impossible to divide it in kind or in kind, or it is possible in form

Even if the price of the article jointly owned is likely to be significantly reduced due to it, the sale of the article jointly owned shall be ordered in accordance with Article 269(2) of the Civil Code, and the price shall be divided by the so-called method of payment. The price of the article substantially reduced due to the division in kind as well as the exchange value of the article jointly owned shall be substantially reduced due to the division in kind.