1. The defendant shall sell the real estate listed in the annex 1 list to auction for the money remaining after deducting the auction cost from that price.

1. In full view of the purport of the entire arguments in the statement Nos. 1 and 2 as to the establishment of the right to partition co-owned property, the plaintiff and the defendants shared the buildings listed in the annexed list (hereinafter “the building of this case”) at the share ratio as stated in Paragraph 1 of the disposition, and the facts that there was no agreement between the plaintiff and the defendants as to partition of co-owned property

Therefore, the Plaintiff may claim against the Defendants the division of the instant real estate pursuant to Article 269(1) of the Civil Act.

2. In principle, the partition of co-owned property by judgment on the method of partition of co-owned property shall be made in kind as long as the share of each co-owner can be reasonably divided, but if it is impossible to divide it in kind or if the value thereof might be significantly reduced if it is difficult to divide it in kind, an auction may be ordered to divide it. In the case of the payment division, the requirement that "it is not possible to divide it in kind" is not physically strict interpretation, but physically strict interpretation is not to include cases where it is difficult or inappropriate to divide it in kind in light of the nature, location, size, use situation, use value after the partition, etc. of the co

(See Supreme Court Decision 2002Da4580 delivered on April 12, 2002). The plaintiff and the defendant Eul want the auction division. The defendant D did not submit a written reply despite being served with the complaint claiming the auction division, and the building of this case is part of the tenement house. In light of the fact that the building of this case is a part of the tenement house, it is difficult to divide the building of this case in kind or the value of the building of this case is significantly decreased due to the division, and therefore, it is inevitable to divide the remaining money after deducting the auction expenses from the price of this case by means of distributing the share of shares between the plaintiff and the defendants.

3. If so, the instant building, which is jointly owned, is divided through an auction.