1. The real estate stated in the separate sheet shall be put to an auction and the remainder after deducting the auction cost from the price.

1. Basic facts

A. Each real estate listed in the separate sheet (hereinafter “instant real estate”) was originally owned by L, M, and Defendant B, respectively, by 1/3 shares. However, when the compulsory auction procedure was conducted for L 1/3 shares, the Plaintiff was awarded a successful bid for the said L 1/3 shares, and completed the registration of ownership transfer on April 16, 2014.

B. On the other hand, M deceased on June 29, 2005, and his wife succeeded to the above M’s property by Defendant C, E, F, G, H, H, J, and K.

(A) Pursuant to this, among the instant real property, Defendant C inherited each of the 3/51 shares and 2/51 shares, respectively.

There was no agreement prohibiting division between the Plaintiff and the Defendants, and no agreement was reached between the Plaintiff and the Defendants on the division of the instant real estate until the date of closing the argument.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 (including provisional number), purport of whole pleadings

2. According to the above facts acknowledged, the plaintiff and the defendants shared the real estate of this case. Since the plaintiff and the defendants did not reach agreement on the division method of the real estate of this case by the closing date of arguments in this case, the plaintiff can claim the division of the real estate of this case against the defendants based on their co-ownership right.

3. Method of partition of co-owned property;

A. As to the instant real estate, the Plaintiff seeks the division of the instant real estate by means of payment payment due to the difficulties in dividing the instant real estate in kind.

B. Determination 1) If the co-owned property cannot be divided in kind or if the value thereof might be reduced remarkably due to the division, the court may order the auction of the property (Article 269(2) of the Civil Act) (Article 269(2) of the Civil Act). However, the requirement that the partition of co-owned property by a trial shall be carried out in kind as long as it is possible to make a reasonable partition according to the share of each co-owner, but the requirement that it cannot be divided in kind is physically strict.