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. As to the real estate listed in the separate sheet (hereinafter “instant real estate”), the Plaintiff shares the share of 1/2, and the Defendants shares the share of 1/4 of each share.

B. The Plaintiff and the Defendants did not agree on the division regarding the instant real estate.

[Ground of recognition] Unsatisfy, Gap evidence No. 1 and the purport of whole pleadings

2. Co-owners of the immovables which have created the right to partition of co-owned property may claim partition of the co-owned property, and if the agreement on the method of partition has not been reached, the court may request partition; and

(Article 268(1) main text and Article 269 of the Civil Act). The Plaintiff, a co-owner of the instant real estate and the Defendants, did not reach an agreement on the division of the said real estate. Thus, barring any special circumstance, the Plaintiff may file a claim with the court for the division against the Defendants, who are other co-owners.

As to this, Defendant C alleged to the effect that it cannot respond to the Plaintiff’s claim for partition of co-owned property, but there is no evidence as to the existence of the co-owned property partition agreement as to the instant real estate. Thus, Defendant C’s above assertion is without merit without examining

3. Method of partition of co-owned property;

A. The method of partition of co-owned property in accordance with the relevant legal principles is, in principle, to divide it in kind with the one in which a reasonable partition can be made according to the co-owner's share, or if it is impossible to divide it in kind in kind or if it is likely that the value might be reduced remarkably if it is difficult to divide it in kind, an auction may be ordered to divide

The requirement that "shall not be divided in kind" is not physically strict, but it includes cases where it is difficult or inappropriate to divide the property in kind in light of the nature, location, area, use status, and use value after the division.