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1. The remainder of each real estate listed in the separate sheet after deducting the cost of the auction from the proceeds of the auction;
Reasons
1. Basic facts
A. Each real estate listed in the separate sheet is jointly owned by the Plaintiff and the Defendant at the ratio of 1/2 shares.
B. The Plaintiff and the Defendant did not reach an agreement on the method of dividing each real estate listed in the separate sheet.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. According to the above basic facts, the plaintiff and the defendant shared each real estate listed in the separate sheet, and since the parties did not reach agreement on the method of partition of the above real estate, the plaintiff has the right to claim partition of co-owned property against the defendant according to their co-ownership.
B. As a matter of principle, the partition of co-owned property based on a judgment on the method of partition of co-owned property shall be divided in kind in a manner that makes it possible to make a reasonable partition according to the share of each co-owner, and if it is impossible to divide in kind or in kind or if it is possible to divide in kind, the auction of the goods can be ordered only when the value thereof might be reduced remarkably, and it is not physically strict interpretation, and it includes the case where it is difficult or inappropriate to divide in kind in consideration of the nature, location, size, use situation of the co-owned property, use value after the division, etc.
(See Supreme Court Decision 2002Da4580 Decided April 12, 2002). In full view of the following circumstances, each real estate listed in the separate sheet, i.e., the following circumstances, comprehensively taking account of the evidence as seen earlier and the purport of the entire pleadings, i.e., each real estate in the separate sheet, is difficult to reach an agreement on the division of a single floor and its site, and the value of each real estate is likely to be significantly reduced if it is divided in kind, and the Plaintiff wants to divide the jointly-owned property by selling each real estate listed in the separate sheet to an auction and by dividing the price thereof.