1. Plaintiff 2.

1. Facts of recognition;

A. The original and the Defendant shares the real estate listed in the separate sheet (hereinafter “instant real estate”) as Plaintiff 2/11 and Defendant 9/11.

B. The Plaintiff and the Defendant did not reach an agreement on the method of dividing the instant real estate.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-3, the purport of the whole pleadings

2. Determination as to the cause of action

A. The method of partition of co-owned property by trial is, in principle, in kind, in which a reasonable partition can be made according to the co-owner's share. However, if it is impossible to divide in kind or in kind, and if the price is likely to be significantly reduced if it is difficult to do so, an auction may be ordered to divide in kind. In the payment, the requirement that "it is impossible to divide in kind" is not physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide in kind in light of the nature, location, area, use situation, use value after the division, etc. of the co-owned property.

(See Supreme Court Decision 2009Da40219, 40226 Decided September 10, 2009, etc.) B.

Considering the fact that it is impossible to divide the instant real estate, which is a divided building of bonds among multi-family housing, in kind, it is impossible for some equity right holders to purchase shares of other equity right holders, but considering the fact that the original and the Defendant seems to have no intent to purchase shares of the other party, it constitutes a case where it is difficult or inappropriate for co-owners to fairly divide the instant real estate, while maintaining the utility value of the instant real estate, and the proceeds from the sale of the instant real estate shall be put to an auction and

Therefore, the division of the real estate of this case shall follow the method of payment by auction.

3. It is so decided as per Disposition as to the division of the pertinent real estate, which is jointly owned with the conclusion, as above.