1. The amount of real estate listed in the separate sheet remaining after the cost of auction is deducted from the proceeds of auction;

The Plaintiff and the Defendant shared the real estate listed in the separate sheet (hereinafter “instant land”) in proportion to 1/2 shares, and the fact that the agreement on the method of partition of the instant land between the Plaintiff and the Defendant was not reached between the parties does not conflict. Thus, the Plaintiff, a co-owner of the instant land, may file a claim for partition with the court against the Defendant, who is another co-owner, pursuant to the main sentence of Articles 268(1) and 269(1) of the Civil Act.

The partition of co-owned property, based on a judgment on the method of partition, shall be made by the method of in-kind division, in principle, as long as it is possible to make a rational partition according to each co-owner's share. However, even if it is impossible in kind or possible in kind, if the price might be reduced remarkably as a result thereof, the auction of the co-owned property shall be ordered, and the price shall not be divided in kind, but the requirement of "in payment division" shall not be physically strict interpretation, but shall include cases where it is difficult or inappropriate to divide in kind in light of the nature, location, area, use situation of the co-owned property, use value after the partition.

(2) The Plaintiff and the Defendant did not intend to divide the instant real estate in kind with the other party’s share, and either party did not intend to divide the instant real estate with compensation for the value solely owned by the other party. The current status of occupation and use of the instant land is not revealed, and there is no appropriate method of spot distribution, and the Plaintiff wishes to divide the instant land into the price in kind. In full view of the following circumstances, the instant land constitutes a case where it is difficult or inappropriate to divide the instant land in kind with the other party’s share.

Therefore, the above land is put up for auction.