1. The remaining money after deducting the expenses for the auction from the proceeds of the sale by selling the real estate listed in the attached list;

1. Basic facts

A. On May 16, 201, the registration of ownership transfer for each of the Plaintiff and Defendants 1/3 shares (hereinafter “instant registration of ownership transfer”) was completed on July 21, 201 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. The Plaintiff spent the registration tax and local education tax 969,600 won, 72,499 won for the purchase of national housing bonds, and 30,000 won for the application for registration at the time of the instant transfer of ownership.

C. Meanwhile, from around 2002, Defendant B occupied the instant real estate and used it.

[Ground of recognition] Defendant B: A without dispute, entry of evidence Nos. 1 and 2, and the purport of the whole pleadings: The fact that there is no dispute

2. Determination

A. According to the facts established on the judgment as to the claim for partition of co-owned property, the Plaintiff and the Defendants shared the instant real estate. Since the Plaintiff and the Defendants did not reach agreement on the method of partition of the said real estate, barring any special circumstance, the Plaintiff may file a claim against the Defendants for partition of the said real estate based on their co-ownership

On the other hand, the division of the article jointly owned may be selected at will if the co-owners reach an agreement, but if the article jointly owned is divided by a trial due to the failure to reach an agreement, the court shall, in principle, divide it in kind. If it is impossible to divide it in kind or if it is anticipated that the value will be significantly reduced if it is divided in kind, the auction of the article may be ordered (see, e.g., Supreme Court Decision 2014Da233428, Mar. 26, 2015). In light of the circumstances that the parties did not reach an agreement on the method of dividing the article in question, and the above real estate is a land and its ground building, and it is difficult to divide it in kind, it is reasonable to divide it by auction division

B. Determination as to the monetary claim against Defendant B (1)