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

1. Facts of recognition;

A. The Plaintiff and the Defendant share each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) according to the ratio of co-ownership in the attached sheet.

B. There is no agreement between the Plaintiff and the Defendant not to divide each of the instant real estate.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. Determination

A. According to the above facts of recognition, the Plaintiff, a co-owner of each real estate of this case, may file a claim against the Defendant, who is another co-owner, for the partition of each real estate of this case, under Article 269(1) of the Civil Act.

B. As to the partition of co-owned property

1) In principle, partition of co-owned property by judgment shall be made in kind as long as it is possible to make a rational partition according to the co-owner's share. If it is impossible to divide in kind or in kind, the auction of goods may be ordered when the price of the goods might be significantly reduced (Article 269 of the Civil Act). The requirement that "it may not be divided in kind" in the payment in kind is not physically strict interpretation, but it shall include cases where it is difficult or inappropriate to divide in kind in light of the nature, location, area, utilization situation of the co-owned property, and the use value after the division." It also includes cases where even if a co-owner's co-owner's share is made in kind, the value of the portion to be owned independently by the division in kind might be significantly reduced compared to the share value before the division (see, e.g., Supreme Court Decision 200Da45820, Apr. 12, 2002).