1. The auction price for each real estate listed in the separate sheet shall be the remainder after deducting the auction cost from the price;

1. Facts of recognition;

A. Each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) was owned by J. The J died on January 6, 192, and the Defendants and K jointly inherited each of the instant real estate.

B. Of each of the instant real property, the Plaintiff was awarded a successful bid on March 9, 2011 and completed the registration of ownership transfer on March 10, 201 in the procedure for compulsory auction by Changwon District Court L, which commenced on Defendant I’s 2/19 portion among the instant real property.

C. Of each of the instant real property, the Plaintiff purchased it on September 29, 201 and completed the registration of ownership transfer on October 7, 201 in the public sale procedure commenced on Defendant H’s 2/19 portion among the instant real property.

After that, upon the death of K on June 9, 2013, the Defendants jointly inherited each of the instant real estate, and subsequent shares are as stated in the “final shares” column in the attached Table of co-ownership shares.

E. The original Defendant did not agree not to divide each of the instant real estate, and it did not reach an agreement on the method of dividing each of the instant real estate by the closing date of pleadings in the instant case.

[Ground of recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings

2. Determination

A. According to the facts found above, the plaintiff as co-owner of the right to partition of co-owned property of this case as co-owner of 4/19 shares on each of the real estate of this case, and can file a claim for partition of each of the real estate

B. In principle, partition of co-owned property according to a judgment on the method of partition of co-owned property shall be made in kind so that each co-owner can make a rational partition according to his/her share. However, the requirement of “undivided in kind” is not physically strict interpretation, but physically strict interpretation. It includes cases where it is difficult or inappropriate to divide in kind in kind in light of the nature, location, size, use situation of the co-owned property, use value after the partition

(see, e.g., Supreme Court Decision 2002Da4580, Apr. 12, 2002).