1. The remaining amount of each real estate listed in the separate sheet after deducting the expenses for auction from the proceeds of auction;

1. The assertion and determination of the Plaintiff, the Defendant B, and C are the deceased H’s wife, the Defendant D is the deceased H’s wife, the Defendant E, F, and G were the children of the deceased on October 7, 199, the I died on October 18, 2012, the H owned by the deceased on October 18, 2012, and each real estate listed in the separate sheet (hereinafter “the instant real estate”) was jointly owned by the Plaintiff and the Defendants on each ratio listed in the separate sheet through donation and the Busan District Court’s District Court’s claim for the return of forced portion of inheritance (013Ga71). The fact that there was no dispute between the parties on the partition of co-owned property between the Plaintiff and the Defendants, or that there was no agreement on the partition of co-owned property by considering the overall purport of the pleadings and the entire arguments.

Therefore, one of the co-owners of the instant real property can claim a partition of co-owned property against the remaining co-owners.

In light of the type, location, shape, area, use relation, and the circumstances surrounding the registration of co-ownership share, etc. of each real estate of this case as to the method of partition of the jointly owned property, since it is impossible to divide in kind in kind or the value of each real estate is likely to be significantly reduced due to the division, the remaining amount after deducting the auction cost from the proceeds from the sale price shall be distributed to the plaintiff and the defendants according to the share ratio.

2. In conclusion, the plaintiff's claim is accepted on the grounds of its reasoning. It is so decided as per Disposition by the assent of all participating Justices on the bench in light of the background and contents of the claim in this case.