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. The Plaintiff and the Defendants shared the real estate listed in the separate sheet (hereinafter “instant real estate”) in 1/4 shares, and the fact that there was no dispute between the Plaintiff and the Defendants as to the division of the instant real estate, or that there was no agreement between the parties on the division of the instant real estate, may be acknowledged in accordance with the purport of the entire statement and pleading in the evidence No. 1.

2. According to the above facts of recognition, one of the co-owners of the instant real estate may claim a partition of the instant real estate against the Defendants based on his co-ownership share.

In addition, the following circumstances, which can be recognized by the evidence mentioned above, the plaintiff want to divide the real estate of this case through auction, and the defendant B and C also want to divide the real estate of this case by the same method, and the remaining defendant does not answer the written complaint of this case requesting a partition by auction, and in light of the size, location, and current use of the real estate of this case, it is likely that the division by kind will reduce the function and value of the land after the division. In light of the above circumstances, it is reasonable to sell the real estate of this case through auction and distribute the remaining amount after deducting the auction expenses to the plaintiff and the defendants according to the share of co-ownership, since it constitutes a case where it is difficult or inappropriate to maintain the utility value of the real estate of this case by the method of spot-sale or partial price compensation, and it is reasonable to sell the real estate of this case through the auction and distribute the remaining amount after deducting the auction expenses.

3. In conclusion, it is decided as per Disposition by deciding to distribute to the plaintiff and the defendants the remaining amount after deducting the auction cost from the proceeds that the real estate of this case was put to an auction, as the share of 1/4.