1. The amount of real estate listed in the separate sheet (1) shall be put to an auction and the auction cost shall be deducted from the price;

The Plaintiff and the Defendants shared the real estate listed in the separate sheet (1) (hereinafter “instant real estate”) at the ratio of each co-ownership listed in the separate sheet (2). The fact that the Plaintiff and the Defendants did not have any dispute between the parties or that there was no agreement on the division method of the instant real estate between them is recognized in full view of the purport of the entire pleadings in the statement in the evidence No.

According to the above facts of recognition, the Plaintiff may request the Defendants to divide the instant real estate pursuant to Article 269(1) of the Civil Act.

In relation to the method of partition, since the instant real estate is a building that is not suitable to divide the instant real estate in kind for its structural structure and use, it is reasonable to divide the instant real estate into the auction proceeds and the remainder after deducting the auction expenses from the proceeds therefrom, by means of distribution according to the respective shares of the source and the Defendants.

If so, it is so decided as per Disposition by deciding to divide the instant real estate as above.