1. The remainder of 40 square meters in the F 40 square meters in Bupyeong-gu Incheon Metropolitan City and G 212 square meters in G shall be put to an auction and the auction expenses shall be deducted from the price.

1. Facts of recognition;

A. The Plaintiff shares 1281/1813, Defendant BA/1813, Defendant C/D, and Defendant E share 56/1813 of each share of 196/1813 and 56/1813 of each share of 40 square meters in Bupyeong-gu Incheon Metropolitan City and G large 212 square meters (hereinafter “each of the instant real estate”).

B. There are unregistered buildings on each of the instant real property.

C. The Plaintiff and the Defendants did not enter into a special agreement prohibiting division on each of the instant real estate, and did not reach an agreement on the method of division.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 2 and the purport of the whole pleadings

2. According to the facts found above, the Plaintiff may request the Defendants to divide the pertinent real estate based on his share of co-ownership.

3. Method of partition of the article jointly owned;

(a) In the case of dividing the jointly-owned property by a trial, if it is impossible to divide it in kind or if the value of the property is apprehended to be significantly reduced, the auction of the property may be ordered, and this is not physically strict interpretation, and the requirement of "undivided in kind" should include cases where it is difficult or inappropriate to divide it in kind in light of the nature, location, area, situation of use, and use value after the division, etc. of the jointly-owned property in light of the nature, location, and use value after the division.

The phrase "if the value of the portion is likely to be reduced significantly if it is divided in kind" includes the case where, even if a co-owner is a person, the value of the portion to be owned by him/her is likely to be reduced significantly than the value of the share before the division.

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

Examining the following circumstances known to the purport of the above facts and the entire pleadings in light of the above legal principles, it is difficult to divide each of the instant real estate in kind.