1. The remaining amount after the auction of the real estate listed in the separate sheet 1 remains after deducting the cost of the auction from the proceeds of sale;

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. Both the plaintiffs and the defendants are the successors of the network G, and the defendant C is the spouse of the network G, the plaintiffs and the defendant D, E, and F are the children of the network G.

B. On December 27, 2005, the Plaintiffs and the Defendants completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) by inheritance on December 27, 2005. The Seoul Central District Court’s receipt of the registration office of the Seoul Central District Court No. 28528, Jun. 27, 2006.

C. After the deceased on December 27, 2005, Defendant C and D received rent from the lessee of the instant real estate while managing the instant real estate after the deceased on December 27, 2005.

[Grounds for Recognition] Uncontentious facts, entry of Gap's evidence No. 1, response of each order to submit financial transaction information, Defendant C's examination result, the purport of the whole pleadings

2. Judgment on the claim for partition of co-owned property

A. According to the facts of recognition as above, inasmuch as the agreement on the method of division between the plaintiffs, who are co-owners of the instant real estate, and the Defendants did not reach an agreement, the Plaintiffs may request the Defendants to divide the instant real estate pursuant to Article 269(1) of the Civil Act.

B. Division of an article jointly owned by a method of partition may be selected at will if there is an agreement between co-owners. However, if the article jointly owned is divided by a trial due to a lack of agreement, it is in principle divided in kind. If it is impossible to divide it in kind or if it is divided in kind, the value of the article may be reduced remarkably, an auction of the article may be ordered to be paid in installments.

(see, e.g., Supreme Court Decision 2014Da233428, Mar. 26, 2015). The requirement that a subdivision in kind is not physically strict interpretation, but physically strict interpretation. In light of the nature, location and size of the jointly owned property, the situation of its use, and the use value after the division, etc., the division in kind is carried out.