1. The real estate indicated in the annexed real estate shall be put to an auction and the auction expenses shall be deducted from the proceeds of sale;

1. Facts of recognition;

A. The Plaintiff (designated parties, hereinafter “Plaintiffs”), the designated parties, and the Defendant own each real estate indicated in the separate sheet as indicated in the indication of the real estate (hereinafter “instant real estate”) at the corresponding share ratio as indicated in the separate sheet of co-ownership.

B. Although the Plaintiff, the designated parties, and the Defendant did not agree not to divide the instant real estate, they did not reach an agreement regarding the method of division.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts of recognition, the Plaintiff, the co-owner of the instant real estate, the designated parties, and the Defendant did not reach an agreement on the method of partition. As such, the Plaintiff may file a judicial claim against the Defendant for partition pursuant to Article 269(1) of the Civil Act.

B. According to the evidence No. 1-1 and No. 2 of the method of partition as to the partition of co-owned property Gap, since the real estate in this case is recognized as housing and its site, it is inappropriate to divide the real estate in kind in light of its nature, location, area, utilization situation, use value after the partition, etc., or if it is divided in kind, it is likely that its value will be significantly reduced.

(See Supreme Court Decision 2002Da4580 delivered on April 12, 2002). Therefore, it is reasonable to divide the instant real estate by means of a method of payment by auction under Article 269(2) of the Civil Act.

3. In conclusion, it is decided as per Disposition by the court below that the real estate of this case is sold at auction and the remaining amount after deducting the auction cost from the price shall be divided in accordance with the share ratio to the plaintiff, the designated parties, and the defendant.