1. The plaintiff shall sell the real estate listed in the separate sheet to an auction and deduct the auction cost from the price.

1. The facts that Plaintiff A shares 3/20 shares, Plaintiff B 2/20 shares, Defendant C’s 10/20 shares, and Defendant D’s 5/20 shares, respectively, of the real estate listed in the attached list of basic facts (hereinafter “instant real estate”) do not conflict between the parties, and there was no agreement between the Plaintiffs and the Defendants on the method of dividing the instant real estate by the closing date of the instant argument.

2. Determination

A. In principle, partition of co-owned property by judgment shall be divided in kind as far as one in which a reasonable partition can be made according to the share of each co-owner, or the requirement that division in kind may not be physically strictly interpreted, but it shall include cases where it is difficult or inappropriate to divide in kind in light of the nature, location or size of the co-owned property, the situation of its use, the use value after the partition, etc.

In addition, the phrase "if the property is to be divided in kind, if the value is likely to be reduced remarkably," includes cases where, even if a co-owner is a person, the value of the part to be owned independently due to the division in kind is likely to be significantly reduced compared to the value of the share before the division.

B. (See, e.g., Supreme Court Decision 2002Da4580, Apr. 12, 2002).

The real estate of this case is deemed difficult or inappropriate to divide the real estate of this case in kind in consideration of the fact that the intentions of the parties in relation to the division of goods in kind or the compensation for value do not coincide with each other, the real estate of this case is used as a pharmacy as a whole as a commercial building in one room, and other use values after the division in the nature of the real estate of this case. It is the most equitable and reasonable to sell the real estate of this case to auction and distribute the price according to the respective shares of the plaintiffs and the defendants.

3. According to the conclusion, the money remaining after the sale of the instant real estate by auction remains after deducting the auction cost from the proceeds.