1. The remainder of the money obtained by selling the real estate listed in the separate sheet to an auction and deducting the auction cost from the proceeds;

1. Facts of recognition;

A. The Plaintiff and the Defendants own the real estate listed in the separate sheet (hereinafter “instant real estate”) in 24692/25091 shares, Defendant B 135/25091 shares, and Defendant C 264/25091 shares.

B. The tombstones of shipbuilding managed by Defendant C are located outside the boundary of the instant real estate.

C. The Plaintiff and the Defendants did not agree to prohibit the division of the instant real estate, and there was no agreement between the Plaintiff and the Defendants on the method of division of the instant real estate until the closure of the pleadings of the instant case.

[Ground of recognition] Facts without dispute, entry in Gap 1 through 7, purport of the whole pleadings

2. Determination

A. According to the facts acknowledged above, since the plaintiff and the defendants, co-owner of the real estate of this case, did not reach agreement on the method of partition of co-owned property, the plaintiff, co-owner of the real estate of this case, can file a claim for partition of the real estate of this case against the

(Article 268(1) main sentence and Article 269(1)(b) of the Civil Act.

In the case of dividing the jointly-owned property through a judgment on the method of partition, if it is impossible to divide it in kind or if the value of the article is likely to be significantly reduced, the auction of the article may be ordered, and the requirement of “undivided in kind” here does not physically be interpreted strictly, and it includes cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, situation of use, value of use after the division, etc. of the jointly-owned property.

(See Supreme Court Decision 2009Da40219, 40226, Sept. 10, 2009; Supreme Court Decision 2002Da4580, Apr. 12, 2002, etc.). As Defendant B was served by public notice, it is substantially impossible to hold an agreement on the division of common property, and the Plaintiff agrees to divide the instant land by auction.