1. The attached Form shall be put to an auction for real estate and the remainder after deducting the auction cost from the price shall be attached;

1. Determination as to the cause of claim

(a) In principle, partition of co-owned property by trial shall be divided in kind as long as a reasonable partition can be made according to the share of each co-owner; however, the requirement is not physically strict interpretation, but it includes 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, etc.

(2) The co-owned property partition in accordance with the judgment of the court on April 12, 2002 includes not only the case where the exchange value of the co-owned property is significantly reduced due to the in-kind division but also the case where the price of the co-owned property is significantly reduced considerably than the share in the pre-division of the co-owned property. Thus, even if the in-kind division is possible in-kind form, the auction of the co-owned property should be ordered, if the price of the co-owned property is likely to decrease substantially due to the in-kind division, but also the case where the co-owner's share in the co-owned property is not fair division. Thus, if the co-owner's share in the co-owned property can not be divided in-kind form by taking into account the location, size and surrounding circumstances of the co-owned property, the price, the share ratio of the co-owner's share in use and profit-making, the share ratio of the co-owner's share in the co-owner's share in the co-owned property.

(Supreme Court Decision 92Da30603 delivered on January 19, 1993). B.

The following facts are either disputed between the parties, or evidence A to No. 1 to No. 3, and B.