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 and the defendant share the real estate listed in the separate sheet (hereinafter "the real estate of this case") at one-half percent after the plaintiff died on November 16, 1997.

B. The Plaintiff and the Defendant did not reach an agreement on the division of the instant real estate until the closing date of the instant argument.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. According to the above facts of recognition, the plaintiff can claim a partition of co-owned property against the defendant who is another co-owner as co-owner.

In principle, partition of co-owned property by judgment shall be made by the method of in-kind division as long as a reasonable partition can be made according to the share of each co-owner, but if it is impossible to divide in-kind or even if it is possible in-kind, if the price may be reduced remarkably due to such cause, it shall be made by the method of so-called payment division ordering the auction of the co-owned property to divide

Considering the fact that there is no agreement between the plaintiff and the plaintiff on the sale method and time of the real estate of this case, the real estate of this case is an apartment, and it is difficult to present the spot division as an apartment, it seems that the method of auction division should be selected.

Although the defendant asserts that the plaintiff seeks recovery of his own share of property, etc. which he used at his own discretion, it seems difficult to consider in this case the division of the real estate in this case is a key issue.

3. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.