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

1. Basic facts

A. The Plaintiff in the co-ownership relation acquired the above co-ownership share by winning a successful bid in the auction procedure on the shares of 1/2 of the real estate listed in the attached list (hereinafter “instant housing”) and paying the successful bid price on January 28, 2019. After that, the Plaintiff shares the said housing jointly (1/2 shares, respectively) with the Defendant.

B. Until the closing date of the instant argument, such as division consultation, the Plaintiff and the Defendant did not reach an agreement on the method of division of the instant housing, and there is no division prohibition agreement on the instant housing.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 and 2, the whole purport of pleadings]

2. The assertion and judgment

A. According to the above facts acknowledged as above, the Plaintiff, the co-owner of the instant house, can file a claim against the Defendant, the other co-owner, for the partition of the instant house.

(b) If the co-owned property is divided by a judgment on the method of partition of co-owned property, in principle, by dividing it in kind, or in kind, or if it is impossible to divide it in kind or if the value thereof is apprehended to decrease remarkably, an auction of the co-owned property may be ordered to be paid in installments;

Here, the requirement of "undivided in kind" includes cases where it is physically impossible to divide the article in kind, as well as cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, current use, value of use after the division.

In addition, the phrase “where the value of the house is likely to be reduced remarkably if it is divided in kind” includes cases where, even if a co-owner is a person, the value of the part to be owned by himself/herself is likely to be significantly reduced compared to the value of the share before the division (see Supreme Court Decision 2013Da56297, Dec. 10, 2015). In the above facts of recognition, the instant house is one building, the registration of which is impossible, and it is impossible to divide it in kind.