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. The following facts of recognition are acknowledged as either of the parties to a dispute or as a whole together with the purport of the entire pleadings in Gap evidence 1:

A. The real estate stated in the order (hereinafter “instant apartment”) is a real estate jointly owned by the original Defendant in proportion to the shares of 1/2.

B. Although the Plaintiff demanded the Defendant to divide the instant apartment, the Plaintiff did not reach an agreement on the method of division between the original Defendant.

2. According to the above facts of recognition, the plaintiff can file a claim against the defendant for the partition of the apartment of this case, which is jointly owned by the defendant, pursuant to Article 269(1) of the Civil Code.

As to the method of partition, the apartment of this case, which is a part of the aggregate building, is physically impossible to divide the apartment of this case in kind, and the fact that it seems difficult to divide the apartment of this case in kind with the value compensation in light of the intention and financial ability of the original defendant, etc., it is deemed that it is difficult or inappropriate to divide the apartment of this case in kind.

Therefore, it is reasonable to distribute the apartment of this case to the auction and to distribute the remaining amount after deducting the auction cost from the price in proportion to the shares of the original defendant.

3. It is so decided as per Disposition for the same reasons as above.