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. Facts of recognition;

A. The Plaintiff and the Defendant shared real estate listed in the separate sheet (hereinafter “instant real estate”) at the respective rates of 2/13 and 11/13.

B. There is no agreement between the Plaintiff and the Defendant on the method of dividing the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts acknowledged as the co-owner of the co-owned property partition claim, the plaintiff, who is the co-owner of the real property of this case, may file a claim for partition of the real property of this case with the defendant who is another co-owner

B. Considering the circumstances such as the use situation of the instant real estate, the number of co-owners, and the share ratio of co-owners, which can be seen by comprehensively considering the method of partition of co-owned property as to the above facts and the purport of the entire pleadings, as seen in paragraph (1) above, even if the Plaintiff and the Defendant divide the real estate in kind according to their co-ownership, it is anticipated that the property

Therefore, it is reasonable to divide the property jointly owned by the method of distributing the remaining amount after deducting the auction cost from the sale price by the plaintiff and the defendant's share of co-owners.

3. Conclusion, after selling the instant real estate at auction, the remainder after deducting the auction cost from the proceeds will be distributed in proportion to the shares of the Plaintiff and the Defendant.