1. Each real estate listed in the separate list of real estate shall be put to an auction and the proceeds of the auction shall be deducted;

1. The Plaintiff and the Defendant share each real estate listed in the separate sheet of real estate (hereinafter “each of the instant real estate”) at the ratio of 1/2 shares.

[Reasons for Recognition] Each entry in Gap evidence Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings

2. Determination

A. According to the facts found above, as long as the agreement on the method of partition between the plaintiff and the defendant sharing each of the real estate of this case has not been reached, one of the co-owners may file a claim for partition against the defendant, who is the remaining co-owners, for the co-owners of this case.

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B. The method of partition of co-owned property (1) is not physically strict interpretation, but physically strict interpretation is required to include cases where it is difficult or inappropriate to divide the co-owned property in kind in light of the nature, location, size, use status, use value, etc. of the co-owned property, and the use value of the co-owned property after the partition is difficult or inappropriate in light of the nature of the co-owned property in kind, in cases where the co-owned property is divided into co-owned property through a trial due to a lack of agreement, the court shall make a reasonable partition according to the share of each co-owner.

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(2) Based on the above legal doctrine, comprehensively taking account of the health team, the fact of the recognition thereof, and the following circumstances revealed therefrom with respect to the method of dividing each of the instant real estate, the instant real estate constitutes a case where it is difficult or inappropriate to divide the instant real estate in kind.

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(A) Attached Form 1, which is a building site, is a building on the ground specified in the Schedule of Real Estate.