1. Attached 2. The real estate listed in the list is put to an auction for money remaining after deducting the expenses of auction from the proceeds of sale;

1. Facts of recognition;

A. Attached 2. The real estate listed in the List (hereinafter “instant real estate”) is jointly owned by the Plaintiff and the Defendants at the share ratio listed in the List No. 3.

B. There was no division agreement between the Plaintiff and the Defendants regarding the instant real estate, and there was no division prohibition agreement.

C. One of the co-owners of the instant real estate, A was declared bankrupt by the Seoul Rehabilitation Court on August 28, 2017, while the instant lawsuit was pending, B was appointed as a trustee in bankruptcy on the same day, and B took over the instant lawsuit against A.

[Ground of recognition] Defendant C, D, SB Computer, and Jeju Pharmaceutical Co., Ltd.: The description of evidence No. 1, the entire purport of pleading, and the remainder of the Defendants: Confession (Article 150(3) and (1) of the Civil Procedure Act)

2. Determination as to the cause of action

A. According to the above facts of recognition, the Plaintiff, a co-owner of the instant real estate, may request the Defendants, other co-owners, to divide the instant real estate pursuant to Article 269(1) of the Civil Act.

B. In principle, the partition of co-owned property by an erroneous judgment shall be made in kind as long as a reasonable partition can be made according to the share of each co-owner. However, if it is impossible to divide in kind or in kind or if it is apprehended that the value might be reduced remarkably, an auction may be ordered to divide in kind. In the payment, the requirement that “it may not be divided in kind” is not physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide in kind in consideration of the nature, location, area, use situation, use value after the division, etc. of co-owner's share.

(see, e.g., Supreme Court Decision 2009Da40219, 40226, Sept. 10, 2009). As to the instant case, health class and the instant real estate are physically divided into aggregate buildings according to their share ratios.