1. The amount remaining after deducting the expenses for the auction from the proceeds thereof, being attached to each real estate listed in the attached list;

1. Co-owned property partition claim

A. The facts of recognition 1) The Plaintiff held 425/750 shares in each of the instant real estate, 36/750 shares in Defendant A, 36/750 shares in Defendant E, and 75/750 shares in Defendant C, and 78/750 shares in Defendant C. 2) The Plaintiff and the Defendants did not reach an agreement on the method of dividing each of the instant real estate jointly owned by the date of the closing of argument.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including branch numbers for those with branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

B. According to the above facts finding as to the plaintiff's claim for partition of co-owned property, since there was no agreement between the plaintiff and the defendants as to the method of partition of each real property of this case, the plaintiff can file a claim for partition against the defendants, who are other co-owners.

2. In principle, division of co-owned property by judgment on the method of partition of co-owned property shall be conducted in kind as long as it is possible to make a reasonable partition according to the share of each co-owner. However, in exceptional payment, the requirement that “it may not be divided in kind” is not physically strict interpretation. It includes cases where it is difficult or inappropriate to divide the co-owned property in kind in light of the nature, location, size, use situation, use value after the partition, etc. of the co-owner

in the case of a co-owner's sole ownership of the portion to be owned in kind, including the case where the value of the portion to be owned by the sole owner might be significantly reduced than the value of the ownership before the division, even if the co-owner's property is divided in kind.

(see, e.g., Supreme Court Decision 2002Da4580, Apr. 12, 2002). According to the purport of the entire pleadings, the real estate indicated in paragraph (2) of the attached list is between real estate and real estate indicated in paragraph (1) of the same Table.