1. The remainder of the amount calculated by deducting the auction cost from the proceeds by selling the 288 square meters of the paddy-gun, Chungcheongnam-gun, Chungcheongnam-do.

1. The facts of recognition are as follows: (a) share 6/26 of the Plaintiff’s 288 square meters in Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “instant real estate”); (b) the Defendant owned share 20/26 of the instant real estate; and (c) the Plaintiff and the Defendant did not reach an agreement on the division of the instant real estate; or (d) the fact that there was no dispute between the parties or that there was no agreement on the division of the instant real estate

2. According to the above facts of recognition, one of the co-owners of the real estate of this case may claim a partition of the real estate of this case against the defendant based on his co-ownership.

In addition, in light of the following circumstances, which can be recognized by the evidence mentioned above, the plaintiff wants to divide the real estate of this case by means of auction, the defendant does not reply to the delivery of the complaint of this case requesting a partition by auction, and in light of the area, location, and current use of the real estate of this case, it is likely that the function and value of the land will be reduced after the partition in kind after the partition. Thus, it is reasonable to sell the real estate of this case through auction and distribute the remaining amount after deducting the auction expenses to the plaintiff and the defendant according to the share ratio, since it is difficult or inappropriate to maintain the utility value of the real estate of this case by the method of spot division or the method of spot-sale by the partial value compensation.

3. In conclusion, it is decided as per Disposition by the assent of all participating Justices on the bench that the real estate of this case was put to an auction and the remaining amount after deducting the auction cost from the price shall be distributed to the plaintiff at the ratio of 6/26 and 20/