1. Defendant 3/15 out of the amount obtained by deducting the auction costs from the proceeds of selling real estate listed in the annex list to an auction.

1. According to the overall purport of evidence No. 1-1, No. 2, No. 2, No. 3, and No. 1-2, No. 1-2, and No. 1-3, and No. 1-2, as the Plaintiff died on January 7, 200, Defendant C, the deceased’s spouse, inherited 3/15 shares, the remaining Defendants, and J, respectively, 2/15 shares, and the Plaintiff (hereinafter “Plaintiff”) purchased 2/15 shares of JJ in the real estate compulsory sale procedure on May 25, 2016; the Plaintiff’s acquisition intervenor purchased the land and building of this case from the Plaintiff on July 11, 2016 during the proceeding of the instant lawsuit; the Plaintiff’s acquisition intervenor purchased shares from the Plaintiff on July 11, 2016 during the process of the compulsory sale of co-owned property; and the Plaintiff’s remaining shares in the land and building of this case as of the date of the completion of pleadings and arguments by the Plaintiff C15/1 and the Defendants respectively.

A co-owner may demand a partition of the co-owned property, and in a case where consultation as to the method of partition of the co-owned property has not been reached, the court may demand a partition thereof (Articles 268 and 269 of the Civil Act). Thus, the Plaintiff’s assignee may demand a partition of the land and building against the Defendants, who are other co-owners.

2. In principle, partition of co-owned property by a judgment on the method of partition shall be made in kind as long as a rational partition can be made according to the shares of each co-owner. However, if it is impossible to divide in kind or it is possible in form, if the price might be reduced remarkably due to such impossibility, the court may order the auction of the co-owned property to divide the co-owned property by the so-called price partition.

(Article 269(2) of the Civil Act). The payment shall be made in installments.