1. The amount of real estate listed in the separate sheet remaining after the cost of auction is deducted from the proceeds of auction;

1. According to the overall purport of evidence Nos. 3 and 4 (including branch numbers) as to the right to claim partition of co-owned property, the Plaintiff and the Defendants shared each real estate listed in the separate sheet (hereinafter “instant real estate”) in their respective shares listed in the separate sheet of co-ownership, and it can be recognized that specific consultation regarding the method of division has not been reached between the Plaintiff and the Defendants, co-owner of the instant real estate, until the closing date of argument in the instant case. Thus, the Plaintiff may file a lawsuit against the Defendants, other co-owners, in accordance with Article 269(1) of the Civil Act, to the extent that there is no special circumstance.

2. In principle, the partition of co-owned property by judgment on the method of partition of co-owned property shall be made in kind so that each co-owner can make a rational partition according to his/her share; however, the requirement that "it cannot be divided in kind" cannot be physically interpreted strictly, but it shall include cases where it is difficult or inappropriate to conduct the partition in kind in light of the nature, location, area, situation of use, use, use value after the partition, etc. of the co-owned property

(2) In the case of a co-owner's in-kind, "if the value of the property is likely to be reduced significantly if the property is divided in kind" also includes the case where the value of the property to be owned by the sole owner is likely to be reduced significantly than the value of the property before the division.

(See Supreme Court Decision 2002Da4580 delivered on April 12, 2002). Therefore, it is possible to divide goods in kind in a formal manner.

Even if the location, area, and surrounding road conditions, use value, price, share ratio of each co-owner's ownership, and use and profit-making status of the co-owner, if it is not possible to be divided equally according to the share ratio of each co-owner, it shall be done in kind.