1. The real estate listed in the list of real estate in annexed Form 1 is put to an auction and the auction cost is deducted from the price;

1. Determination on the cause of the claim

A. The following facts are acknowledged as follows. The Defendants are deemed to have led to each confession.

1) G is a net H (hereinafter “the network”).

A) The Plaintiff, the Defendants, and I are the wife of the Deceased, and each real estate listed in the real estate list No. 1 (hereinafter “each of the instant real estate”) was owned by the Deceased. As the Deceased died on February 20, 1986, G, the Plaintiff, the Defendants, and I inherited this, and the inheritance share ratio is as listed in the list of inheritance shares No. 3.

3) Meanwhile, G and I transferred their respective inheritance shares to the Plaintiff on March 3, 2003, and now co-owners and their shares in each of the instant real estate are as shown in the attached Table 2 co-ownership shares. 4) Until now, between the Plaintiff and the Defendants did not reach an agreement on the method of dividing each of the instant real estate.

B. 1) According to the above facts acknowledged as above, the plaintiff, as co-owner, can file a claim for partition of co-owned property of this case against the defendants based on his co-ownership right. 2) Generally, the method of partition of co-owned property according to the method of partition of co-owned property in kind is in principle, and if it is impossible to divide in kind or if it is difficult to divide in kind or if it is possible to reduce the value of the co-owned property in kind, an auction can be conducted.

In addition, it is difficult or inappropriate to divide the property in kind in light of the nature, location, area, utilization status, the use value after the division, etc. of the article jointly owned, rather than physically strict interpretation.

(see, e.g., Supreme Court Decision 2002Da4580, Apr. 12, 2002). We examine the following: (a) The aforementioned share ratio; (b) the location, area, use, shape, current utilization status and surrounding circumstances of each real estate of this case; (c) co-ownership of co-owners and the Defendant’s co-ownership shares.