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

1. Facts of recognition;

A. As to the real estate listed in the separate sheet (hereinafter “instant real estate”), the Plaintiff and the Defendants B, D, and Nonparty H shared each of 7/28 shares.

B. Defendant E, F, and G jointly inherited the death of Nonparty H.

C. As to the instant real estate, co-owners did not reach an agreement on division by the date of closing the argument in the instant case.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 3, and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Plaintiff and the Defendants, co-owner of the instant real estate, did not reach agreement on the method of partition of the instant real estate. Therefore, the Plaintiff, as co-owner of the instant real estate, may claim a partition of the instant real estate jointly owned by the Defendants, who are co-owners of the instant real estate

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 a "in-kind can not be divided" in the price division is not a physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide the property in kind in light of the nature, location, area, utilization status, use value after the division, etc. of the common property.

Although it is formally possible to divide in kind.

Even if the location, area, and surrounding road conditions, use value, price, share ratio of each co-owner's ownership, and use and profit-making status of the co-owner, if it is not possible to be divided equally according to the share ratio of each co-owner, it shall be done in kind.