1. The remainder of each real estate listed in the separate sheet after deducting the cost of the auction from the proceeds of the auction;

In full view of the purport of the entire arguments in Gap evidence No. 1 (including the provisional number), the plaintiffs and the defendant can be acknowledged that they are co-owners of each real estate listed in the separate sheet, and that consultation on division of each real estate listed in the separate sheet has not been concluded between the plaintiffs and the defendant.

According to the above facts of recognition, the plaintiffs, co-owners of each real estate listed in the attached list, may file a claim against the defendant for the division of the above real estate jointly owned pursuant to Article 269(1) of the Civil Act.

Furthermore, the method of division is examined.

In light of the following circumstances acknowledged by the evidence revealed earlier, the co-owners of the real estate listed in the annexed list 1, 2 are five co-owners; the number of co-owners of the real estate listed in the annexed list 3, and 4 are six co-owners; while the area of the land in question is not wide and so it seems that the use of the land after the division would be considerably restricted if the land is divided in kind; and as there is no agreement between the plaintiffs and the defendant for the division in kind, it is difficult to prepare a reasonable plan for the division corresponding to the share of the parties (the both the plaintiff and the defendant want to divide by means of payment division), it is reasonable to divide each real estate listed in the annexed list by means of payment

Therefore, it is so decided as per Disposition by deciding to distribute the remaining amount after deducting the auction cost from the sale price of each real estate listed in the attached list to an auction at the ratio of shares of the plaintiff and the defendants.