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

1. According to the reasoning of the judgment as to the cause of the claim, Gap evidence Nos. 1 through 4, and the purport of the whole pleadings, the registration of ownership transfer in the name of the plaintiff as to the 99/116 share of the real estate listed in the separate sheet (hereinafter "real estate of this case"), the registration of ownership transfer in the name of the plaintiff as to the 15/116 share of the 15/16 share, the registration of ownership transfer in the name of the defendant Eul as to the 2/116 share, and the registration of ownership transfer in the name of the defendant C as to the 2/116 share, and the plaintiff and the defendants did not reach an agreement as to the method of dividing the real estate

2. Defendant B alleged that the instant real estate was in a mutual title trust relationship or sectionally owned co-ownership relationship among co-owners. However, the evidence submitted by the Defendant alone is insufficient to acknowledge the said assertion, and there is no other evidence to acknowledge it. Thus, the above assertion by Defendant B is without merit.

3. Co-owned property partition by a judgment on the method of partition may, in principle, be divided in kind as far as it is possible to make a reasonable partition according to the share of each co-owner, or, if it is impossible to divide it in kind, by auction of the co-owned property, be divided;

The requirement that "the installment can not be divided in kind" includes cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, use status, and use value after the division, etc. of the article jointly owned.

(See Supreme Court Decision 2002Da4580 Decided April 12, 2002). We examine the following: (a) the size of the real estate of this case; (b) the ratio of shares held by the Defendants; and (c) the Plaintiff filed a lawsuit claiming a partition of co-owned property against Defendant B and D with the same court (2018Gadan21100) even before the instant case was filed; (b) Defendant B participated at the date of pleading, but did not reach an agreement between the parties; and (c) the Plaintiff did not reach an agreement.