1. [Attachment 1] The real estate listed in the list is put to an auction and the auction cost is deducted from the proceeds of the sale.

1. Co-owned property partition claim

A. (Attachment 1) The fact that the Plaintiff and the Defendants (attached Form 1) share the real estate listed in the list (hereinafter “instant real estate”) at each share of co-ownership listed in the list (attached Form 2) may be recognized by entry in the evidence No. 4-5.

B. A lawsuit seeking partition of an article jointly owned can be brought only when the agreement on the method of partition is not reached (Article 269(1) of the Civil Act). The fact that the agreement was not concluded is that the agreement on the method of partition was reached among co-owners, but not only where the agreement was reached but also where some of co-owners did not intend to reach an agreement.

It includes cases where it is impossible to hold an agreement from the beginning, such as in the absence or absence.

On the other hand, consultation on the method of partition of the article jointly owned should be conducted between all co-owners.

Although there is no dispute between the above parties regarding the method of dividing the instant real estate between the Plaintiff and the Defendant B, it is evident that Defendant C and D, the co-owners of the instant real estate, are in a situation where it is impossible to reach an agreement on the method of dividing the instant real estate as their whereabouts are unknown.

Therefore, it cannot be deemed that the agreement on the division method was reached between the Plaintiff and the Defendants, who are co-owners of the instant real estate, and there is no other evidence to prove that there was an agreement prohibiting the division of the instant real estate. Thus, the Plaintiff, a co-owner of the instant real estate, may claim the division against the Defendants based on

2. Method of partition of co-owned property;

(a) Division of co-owned property according to a judgment shall, in principle, be made in kind so as to make a rational partition according to the share of each co-owner, and such partition may be made in kind;