1. The amount remaining after deducting the auction expenses from the proceeds of the sale of the real estate listed in the annex 1 list;

1. Facts of recognition;

A. The real estate listed in the separate sheet No. 1 (hereinafter referred to as "real estate of this case") is a real estate jointly owned by the Plaintiff and the Defendants, and each share of the Plaintiff and the Defendants is listed in the separate sheet No.

B. Until now, the Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant real estate.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. Determination

A. According to the above facts, the Plaintiff, as co-owners of the instant real estate, may claim a partition of co-owned property against the Defendants, who are other co-owners pursuant to Article 269(1) of the Civil Act.

B. In the case of dividing the jointly-owned property by a trial, it is a principle that it is divided in kind, but if it is impossible to divide it in kind or it is possible to divide it in kind, the value thereof may be reduced remarkably, the auction of the jointly-owned property may be ordered.

The requirement of "shall not be divided in kind" is not a physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide the property in kind in light of the nature, location, area, utilization status, and the use value after the division.

"Where the value of a portion is likely to be reduced significantly if it is divided in kind" includes cases where, even if a co-owner is a person, the value of the portion to be owned independently due to the division in kind is likely to be significantly reduced compared to the value of the share before the division (see Supreme Court Decision 2002Da4580, Apr. 12, 2002).

Considering the following circumstances, the statement No. 1 of this case, which can be recognized by comprehensively considering the purport of the entire pleadings, the value of this case’s real estate is likely to be significantly reduced as it is impossible to divide it in kind or if it is divided in kind. Thus, the real estate of this case is sold to auction and the auction cost is deducted from the price.