1. The remaining amount after deducting the expenses for the auction from the proceeds of the sale by selling the real estate listed in the separate sheet;

1. Facts of recognition;

A. The Plaintiff and the Defendant share 1/2 shares of each of the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. The Plaintiff and the Defendant did not have a divided agreement on the instant real estate.

[인정근거] 다툼 없는 사실, 갑 제1부터 5호증의 각 긱재, 변론 전체의 취지

2. According to the above facts of recognition, the Plaintiff, a co-owner of the instant real estate, may request the Defendant, who is another co-owner, to divide the instant real estate pursuant to Article 269(1) of the Civil Act.

As to the method of partition of co-owned property, since the real estate in this case is an aggregate building and it is difficult to divide it in kind due to its nature as it is an aggregate building or its value is likely to be reduced remarkably due to the spot division, it is reasonable to divide the sale price by means of allocating it according to the share ratio of co-owners

Therefore, according to the co-ownership of the Plaintiff and the Defendant, the amount calculated by subtracting auction costs from the amount to be sold to auction the instant real estate shall be allocated to the Plaintiff at the ratio of 1/2 and 1/2.

3. The conclusion is that the real estate of this case is divided in accordance with Paragraph (1) of this Article and it is so decided as per Disposition.