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. On March 3, 2009, the Plaintiff acquired the ownership of the real estate listed in the separate sheet (hereinafter “instant building”) on the ground of donation.

On October 2, 2016, the Defendant acquired 142/1,000 of the shares of the instant building due to the return of legal reserve of inheritance.

B. As a result, the plaintiff and the defendant share the building of this case according to the ratio of shares in the text.

C. Meanwhile, the Plaintiff and the Defendant did not reach an agreement on the division method of the instant building.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. Determination as to the claim

A. The Plaintiff may seek a partition of co-owned property as to the instant building against the Defendant pursuant to Articles 268 and 269 of the Civil Act, depending on the occurrence of the right to partition of co-owned property

B. The partition of co-owned property based on the method and contents judgment shall be, in principle, by the method of in-kind division, in so far as it is possible to make a rational partition according to the shares of each co-owner. However, even if it is impossible in kind or it is possible in form, if the price is likely to decrease substantially, the auction of the co-owned property shall be ordered to divide the price, and if it is possible to divide the price in kind, it shall not be physically strict interpretation, but it shall include cases where it is difficult or inappropriate to divide the co-owned property in kind in light of the nature, location, size, use situation, use value, etc. of the co-owned property.

(See Supreme Court Decision 2002Da4580 Decided April 12, 2002, etc.). Comprehensively taking account of the health stand in relation to the instant case, the facts recognized earlier, and the characteristics and use status of the instant building revealed in each of the aforementioned evidence, the instant building constitutes a case where it is difficult or inappropriate to divide the instant building in kind, which satisfies all the interests of the parties, to satisfy.

Therefore, the building of this case is therefore.