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1. The remaining amount of the real estate listed in the annex 1, which was put to an auction and deducted from the proceeds of the auction.
Reasons
1. The occurrence of a claim for partition of the article jointly owned;
A. In full view of the purport of the entire arguments in Gap evidence Nos. 1 through 3, the plaintiff and the defendant shared the real estate recorded in the separate statement No. 1 (hereinafter "the real estate of this case") in the proportion of shares as shown in the separate statement No. 2, the plaintiff and the defendant did not reach an agreement on partition of the real estate of this case between the plaintiff and the defendant, and there is no agreement on the prohibition of partition of the real estate of this case.
B. According to the above facts of recognition, the Plaintiff, as a co-owner of the instant real estate, may request the Defendant, who is another co-owner, to divide the instant real estate pursuant to the main text of Article 268(1) and Article 269(1) of the Civil Act.
2. Method of partition of the article jointly owned;
A. As a matter of principle, the division of co-owned property by trial is to be made in kind as long as each co-owner's share can be reasonably divided. If it is impossible to divide in kind or if the value is likely to be substantially damaged due to the division, the price shall be divided through an auction (Article 269 (2) of the Civil Act). (b) In addition to the entire purport of pleadings in the statement No. 5 and No. 6 of the attached Table No. 1, the building listed in No. 1 of the attached Table No. 2 of the attached Table No. 2 of the same Table is located, and the remaining part of the land listed in No. 2 of the attached Table No. 2 of the same Table is located in the ditch and light pipe No. 3 of the same, it is recognized that the defendant's family members use the building listed in No. 3 of the same list for residence, and it is difficult to divide the building by taking into account the location of the real property of this case, the use value of the real property of this case, and the share of co-owners.