1. The sale price of each of the real estate listed in the separate sheet remains after deducting the cost of the auction from the sale price;

1. Facts of recognition;

A. Each real estate listed in the separate sheet is jointly owned by the Plaintiff 2/7 and the Defendant 5/7’s share ratio.

B. Until now, the Plaintiff and the Defendant did not agree on the division method of each real estate listed in the separate sheet.

【Ground of recognition】 The fact that there is no dispute, A2, 3, 4, and the purport of the whole pleading

2. Determination

A. According to the above facts acknowledged as the co-owner's right to partition of co-owned property, the Plaintiff, co-owner, may file a claim against the Defendant for partition as to each real estate listed in the separate sheet pursuant to Articles 268 and 269

B. As a matter of principle, partition of co-owned property by the method of partition of co-owned property is to be divided in kind as far as it is possible to make a reasonable partition according to the share of each co-owner, but if it is impossible to divide in kind or in kind or if it is apprehended that the value might be significantly reduced if it is divided in kind, an auction may be ordered to divide in kind. In the price division, the requirement that "it is not possible 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 or size of the co-owned property, use situation, use value after the partition, etc.

(2) In light of the aforementioned facts, each real estate listed in the separate sheet is considered to be the most reasonable method to divide the real estate into real estate by auction, and in view of the following: (a) the Plaintiff is seeking a division by auction to sell each real estate listed in the separate sheet and to distribute the remaining amount after deducting the auction cost from the proceeds of the sale; and (b) the Defendant does not dispute the division by auction; and (c) each real estate listed in the separate sheet is considered to be difficult or inappropriate to divide in kind as a single house on the land and its ground; and (d) each real estate listed in the separate sheet is considered to be divided in kind.

3. Conclusion List.