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. The facts of recognition and the Defendants shared the real estate listed in the separate sheet (hereinafter “instant real estate”) with the respective shares of Plaintiffs 8/60 and the Defendants 13/60, respectively, and the facts that the agreement on the method of dividing the instant real estate has not been reached between the Plaintiff and the Defendants, etc. do not conflict between the parties.

2. According to the facts acknowledged above, one of the co-owners of the instant real estate may claim the partition of co-owned property against the Defendants, who are other co-owners, pursuant to Article 268(1) of the Civil Act.

3. If the method of partition of co-owned property, in kind, is impossible to divide it in kind, or the value thereof might be reduced remarkably due to such division, the court may order an auction of things; and

(Article 269(2) of the Civil Act. In principle, division of co-owned property by trial shall be made in kind as long as a reasonable partition can be made according to the share of each co-owner. However, the requirement that "it cannot be divided in kind" in the price division is 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, situation of use of the co-owned property, use value after the partition, etc.

(2) In the case of a co-owner's in-kind, "if the value of the property is likely to be reduced significantly if the property is divided in kind" also includes the case where the value of the property to be owned by the sole owner is likely to be reduced significantly than the value of the property before the division.

(See Supreme Court Decision 2002Da4580 delivered on April 12, 2002). With respect to the instant case, health team, the Plaintiff, Defendant C, D, and E did not want to divide the instant real estate in kind by means of the division of the instant real estate. Defendant B did not present any opinion on the division method, and it is difficult to determine the value of the instant real estate.