1. The real estate listed in paragraph 1 of the attached list shall be put to an auction and the proceeds from the auction shall be deducted;

1. Comprehensively taking account of the overall purport of evidence Nos. 1 and 2 as well as the purport of the pleading as to the claim for partition of co-owned property, the real estate listed in the separate sheet No. 1 is owned by the Plaintiff and Defendant B, with 1/2 shares, and the real estate listed in paragraph 2 of the separate sheet No. 1/2, Defendant B, Defendant C, and D shared with 1/8 shares, respectively, and it can be acknowledged that there was no partition agreement among them up to now, the Plaintiff, a co-owner, may claim a partition of co-owned property against the Defendants pursuant to Articles 268 and 269 of the Civil Act.

2. Co-owned property partition by judgment on the method of partition may be divided in kind, in principle, or in kind, as long as it is possible to make a rational partition according to the share of each co-owner, or if it is impossible to divide in kind or in kind, or if the value thereof is likely to be significantly reduced if it is difficult to do so. In the payment division, the requirement that “it is not possible to divide in kind” is not physically strict interpretation, but physically strict interpretation is not to include cases where it is difficult or inappropriate to divide in kind in consideration of the nature, location, area, use situation, use value after the division, etc. of the co-owner’s

(See Supreme Court Decision 2002Da4580 delivered on April 12, 2002). Therefore, considering the following circumstances that the real estate stated in paragraph (1) of the attached list is a building with the third floor neighborhood living facilities and the real estate stated in paragraph (2) is difficult to substantially divide into goods, each real estate listed in the attached list is the most reasonable method to divide the price through an auction.

3. If so, the plaintiff shall sell each real estate listed in the separate sheet to auction and deduct the auction cost from the price.