1. The amount of real estate stated in the separate sheet shall be put to an auction and the remainder after deducting the auction cost from the price shall be attached;

1. Basic facts

A. The Plaintiff (Appointed Party), the Plaintiff’s Appointed (hereinafter collectively referred to as “Plaintiffs”), the Defendant (Appointed Party), and the Defendant’s Appointed (hereinafter collectively referred to as “Defendant Appointed”) share the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) according to the share ratio indicated in the separate sheet.

B. The Plaintiffs, Defendants, and Defendant Appointed did not reach an agreement on the division of the jointly owned property up to now.

[Ground of recognition] A without dispute, entry of Gap evidence 1, purport of whole pleadings

2. Co-owned property partition claim

A. According to Article 269(1) of the Civil Act, the Plaintiffs, co-owners of the instant real estate, who are co-owners of the instant real estate, may claim against other co-owners the partition of the instant land, which is jointly owned.

B. 1) Determination as to the assertion by Defendant Appointeds on the part of the instant real estate is in a sectionally owned co-ownership relationship, and in a case where multiple persons own each part of the instant real estate after dividing one building, partition of co-owned property is prohibited (Article 268(3) and Article 215(1) of the Civil Act). Thus, the Plaintiff’s claim for partition of co-owned property as to the instant real estate is without merit. 2) In the compulsory auction procedure for the share of co-owned real estate in a judgment-sharing relationship, where it is considered that the co-owned share is expressed in the sectionally owned co-ownership relation as to the specific part of the real estate, and it is not proven that the appraisal and minimum auction price was determined and the auction was conducted, the purchaser of the said co-owned share is legally

(See Supreme Court Decision 2006Da68810 Decided February 15, 2008). In full view of each of the statements in Evidence Nos. 1 and 4, the Plaintiff (Appointed Party)’s entire purport of the pleadings in the real estate compulsory auction procedure on September 19, 2016 (Dacheon District Court Branch Branch Branch Branch D).