1. The amount of real estate listed in the separate sheet remaining after the cost of auction is deducted from the proceeds of auction;

1. Facts of recognition;

A. The real estate listed in the separate sheet (hereinafter “instant real estate”) is jointly owned by the Plaintiff and the Defendant, respectively.

B. The Plaintiff demanded the Defendant to divide the instant real estate, but did not reach an agreement, filed the instant lawsuit.

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

2. Determination on the cause of the claim

A. Both parties' assertion that the plaintiff is not adequate to divide the price in kind through an auction, and the defendant asserts that it would be better to sell it to a third party at will and divide the price in advance by mutual agreement.

B. (1) The Plaintiff, the co-owner of the instant real estate, and the Defendant, did not reach an agreement on the method of partition. As such, the Plaintiff may file a judicial claim against the Defendant for partition pursuant to Article 269(1) of the Civil Act.

(2) As a matter of principle, the partition of co-owned property based on a judgment on the method of partition of co-owned property shall be divided in kind in a manner that makes it possible to make a rational partition according to the share of each co-owner. The requirement that the auction of the goods can be ordered only when the value of the goods might be reduced remarkably if it is impossible to divide in kind or in kind, and it cannot be divided in kind. The requirement that "in the payment division, it cannot be divided in kind" is not physically strict interpretation. It includes the case where it is difficult or inappropriate to divide in kind in light of the nature, location, size, use situation, and use value after the division.

In addition, even if a co-owner's property is divided in kind, if the value of the property is likely to decrease significantly, the value of the property is likely to decrease significantly.