1. The remainder of each real estate listed in the separate sheet after deducting the cost of the auction from the proceeds of the auction;

1. Basic facts

A. As to each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”), Defendant H, I, and J inherited each of the said K’s shares in the share of 1/3, Defendant B, D, E, F, and G, each of 1/18 shares, and 1/3 shares of Nonparty H, I, and J, following the death of the said K.

B. The Plaintiff and the Defendants did not reach an agreement on subdivision of each of the instant real estate, and there is no agreement on subdivision prohibition.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff, a co-owner of each real estate of this case, may claim a partition of each real estate of this case to the court pursuant to the main text of Article 268(1) and Article 269 of the Civil Act against the Defendants, another co-owner.

B. In principle, the partition of co-owned property in kind can be divided in accordance with the share of each co-owner. However, if it is impossible to divide it in kind or if it is likely that the value might be significantly reduced if it is divided in kind, the auction may be ordered to divide it in kind. In the payment division, the requirement does not physically strictly interpret it, but includes cases where it is difficult or inappropriate to divide it in kind in light of the nature, location or size of the co-owned property, the situation of its use, the use value after the division, etc. (see, e.g., Supreme Court Decision 2009Da40219, 4026, Sept. 10, 2009).