1. The remaining amount of each real estate listed in the separate sheet after deducting the expenses for auction from the proceeds of auction;

Facts of recognition

A. The Plaintiff and the Defendant shared 61/1342 shares pertaining to each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) and 681/1342 shares.

B. The Plaintiff and the Defendant did not agree on the division of each of the instant real estate.

[Ground of recognition] Fact that there is no dispute, Gap evidence No. 1 (including a provisional number), and the purport of the whole pleadings, the plaintiff, who is a co-owner of the real estate of this case, may request the defendant, who is another co-owner, to divide the real estate of this case pursuant to Article 269(1) of the Civil Act.

As to the method of partition of co-owned property, each of the real estate in this case is in conflict with the minimum size of partition under related Acts and subordinate statutes, so it is reasonable to divide the proceeds from sale into the auction and distribute them according to the ratio of co-owners.

Therefore, according to the co-ownership of the Plaintiff and the Defendant, the remaining amount after deducting the auction cost from the proceeds of the sale of each of the instant real estate sold by auction shall be allocated to the Plaintiff according to the share of the Plaintiff and the Defendant, and 681/1342.

In conclusion, it is decided as per Disposition by dividing the instant real estate into the Disposition No. 1.