1. The real estate listed in the separate sheet 1 shall be put to an auction and the proceeds of the sale shall be deducted from the auction cost;

1. Basic facts

A. The Plaintiff (designated parties, hereinafter “Plaintiffs”), the designated parties, and the Defendant are co-owners who hold shares in each of the real estate listed in the separate sheet No. 1 (hereinafter “each of the instant real estate”) as shown in the separate sheet No. 2.

B. There is no separate agreement between the Plaintiff, the designated parties, and the Defendant on the prohibition of partition of each of the instant real estate, and there is no agreement on the method of partition of each of the said real estate by the closing date of pleadings.

[Ground of recognition] Facts without dispute, Eul evidence No. 1, purport of the whole pleadings

2. Determination

A. According to the above facts acknowledged as above, the plaintiff, the co-owner of each real estate of this case, and the designated parties may file a claim against the defendant, the other co-owners, for partition of each real estate of this case, under Article 269(1) of the Civil Act.

B. In principle, the partition of co-owned property in kind can be divided in accordance with each co-owner's share. However, even if it is impossible in kind or it is possible in form, if the value of the co-owned property might be significantly reduced, the so-called price division can be made in installments by ordering the auction of the co-owned property, but it cannot be divided in kind in the price division. It does not physically strict interpretation. It includes cases where it is difficult or inappropriate to divide the co-owned property in kind in light of the nature, location, area, use situation, use value after the division, etc. of the co-owner's share, and it includes cases where it is difficult or inappropriate to divide the property in kind in kind in consideration of the nature of the co-owned property, location, use situation, use value after the division.