1.The judgment of the first instance shall be modified as follows:

Each real estate listed in the attached list 1 shall be put to an auction and proceeds therefrom.

1. Basic facts

A. The Plaintiff and the Defendant shared 1/2 shares of each of the land and buildings listed in [Attachment 1] List 1 and [Attachment 1] (hereinafter referred to as “the instant land” and “the instant building” and “the instant real estate” in common name).

B. The Plaintiff and the Defendant did not agree to divide the instant real estate.

[Ground of recognition] Facts without dispute, entry in Gap evidence 1 and 2 (including branch numbers for those with additional numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. 1) Co-owners of real estate may at any time file a claim for partition of co-owned property against other co-owners (Article 268(1) of the Civil Act), and as seen earlier, there is no agreement on the method of partition of the real estate of this case between the Plaintiff and the Defendant, barring any special circumstance, the Plaintiff may, as co-owners of the real estate of this case, file a claim for partition of co-owned property of this case against the Defendant, who is the remaining co-owners. 2) As to this, the Defendant, as to the underground floor of the building of this case and the second and second parts of the ground are occupied and used exclusively by the Plaintiff, and the front parts of the first and second parts of the building of this case are owned and used exclusively by the Defendant. Thus, the Plaintiff and the Defendant are in co-ownership relation with the real estate of this case. Thus, the Plaintiff cannot claim

According to the statement in the evidence No. 2, Article 1 (1) of the Agreement prepared by the plaintiff and the defendant on December 14, 2006 (hereinafter "the Agreement of this case") provides that "the plaintiff and the defendant shall exercise one half of each of the above real estate, but the plaintiff shall exercise one half of each of them, and the plaintiff shall mainly use the first floor above the above real estate, the second floor above the ground, the second floor above the ground, and the second floor above the ground (former funeral hall), and the defendant shall mainly use two front stores above the first floor above the ground and the second floor coffee shop above the second floor above the ground."