1. The amount of the real estate stated in the list of real estate sold to an auction and the auction expenses are deducted from the price;

In addition to the purport of the entire argument in Gap evidence Nos. 1 through 3, real estate listed in the annexed real estate list (hereinafter "land of this case") is jointly owned by plaintiffs 707/1437 and defendant 730/1437 shares, and there was no partition agreement between the plaintiff and the defendants on the land of this case, and there is no partition agreement.

Therefore, pursuant to Article 269(1) of the Civil Act, the Plaintiff, a co-owner of the instant land, may file a claim for the partition of the instant land against the Defendant, who is another co-owner

Furthermore, with respect to the method of partition of the land of this case, there is a health room, the following circumstances that can be seen by adding up the entries in Eul evidence No. 1 and the purport of the entire pleadings. In other words, where the land of this case is owned by a third party and it is difficult to divide the land of this case into the land of this case, namely, about 89.9 square meters on the land of this case, 3.6 square meters, about 3.6 square meters, about 1 square meters, about 31 square meters, about 41 square meters, about 9 square meters, and about 48 square meters, about 1st, in light of the fact that the land of this case is divided into the land of this case, the land of this case, which was owned by a third party, is difficult to preserve the land of this case, and where the land of this case is divided into the land of this case, it is difficult to find out the land of this case as part of the land of this case, and it is difficult to solve this problem.

Therefore, pursuant to Article 269(2) of the Civil Code, the remaining money, which was referred to an auction and deducted the auction cost from the proceeds of the sale, shall be the plaintiff and the defendant.