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;

1. Facts of recognition;

A. Each real estate listed in the separate sheet No. 1 (hereinafter “instant land and building”) was F ownership. As F died on February 28, 2017, the registration of ownership transfer was completed in the future on the grounds of inheritance in G, Defendant C, Defendant E, and Defendant D (each 2/11 shares), which were the spouse and their children on November 24, 2017.

B. On December 4, 2017, the Plaintiff donated 2/11 shares in the instant land and buildings from the said G, and received the donation of 2/11 shares in the same month.

5. The registration of transfer of a share shall be completed.

C. Defendant B and Defendant C reside in the instant building located on the instant land, and the branch of the instant building is leased by Defendant B and is monthly.

There is no special agreement prohibiting partition on the land and buildings of this case, but there is no agreement between the plaintiff and the defendants on the method of partition.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each branch number, if any) and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Plaintiff may claim the division against the Defendants, who are other co-owners of the instant land and buildings, barring any special circumstance.

Furthermore, the method of partition is selected at will if the co-owners agree on the method of partition, but if the co-owners divide the co-owned property through a trial because no agreement is reached, the court shall divide it in kind in principle. If it is impossible to divide it in kind or if it is impossible to divide it in kind or it is possible to divide it in kind, the court may order the auction of the goods only when the value of it is likely to be significantly reduced.

(see, e.g., Supreme Court Decision 2009Da69708, Jan. 14, 2010). However, the subject of division of the pertinent jointly owned property is not appropriate to divide it into money in kind according to the original and the Defendant’s co-ownership as a building and its site.