1. The remainder of the amount calculated by deducting the auction expenses from the proceeds sold by auction at the auction held in Bocheon-si.

1. At the time of formation of the right to partition of co-owned property (hereinafter “instant land”) the Plaintiff (appointed party, hereinafter “Plaintiff”), Appointed H (hereinafter “Appointed”) and the Defendants shared share in proportion to the proportion corresponding to the co-ownership share in the annexed list. The facts that the Plaintiff, Appointed, and Defendants did not reach an agreement on the division of the instant land do not conflict between the parties, or are acknowledged by the purport of each of the entries and the entire pleadings and arguments in the annexed list.

Therefore, the Plaintiff and the designated parties, co-owners, may claim against the Defendants the division of the instant land, which is jointly owned.

2. Method of partition of co-owned property;

A. In principle, partition of co-owned property by judgment shall be made in kind as long as a rational 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 form, if the price might be reduced remarkably due to such cause, it shall be made by the so-called "sale of price" method to divide the price by ordering an auction of the co-owned property.

The requirement of "shall not be divided in kind" in the payment for sale does not physically strictly interpret it, but includes cases where it is difficult or inappropriate to divide the property in kind in light of the nature, location, area, use status, commercial value after the division, etc. of the article jointly owned.

(See Supreme Court Decision 92Da30603 delivered on January 19, 1993, and Supreme Court Decision 2002Da4580 delivered on April 12, 2002, etc.). B.

As to the instant case, the Plaintiff, the designated parties, and the Defendants’ respective co-ownership shares as indicated in the argument of the instant case, the location and shape of the instant land, the land location and shape without permission on the instant land. The size and shape of the remaining land excluding the part on which the said building is located, and Defendant C’s location is unclear, and the remaining Defendants also have any opinion as to the method of division.