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 Defendants shared each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) at the ratio of shares indicated in the separate sheet in co-ownership column.

B. As to the Plaintiff’s lawsuit seeking the division of each of the instant properties jointly owned, Defendant B consented to the division of auction, and Defendant A did not respond to any reply despite being served with the complaint of this case.

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. Determination:

A. According to the above facts finding that the co-ownership of each real estate of this case did not reach agreement on the method of partition of each real estate of this case between the plaintiff and the defendants.

As such, the plaintiff is a co-owner of each real estate of this case and can file a claim for the division of each real estate of this case against the defendants who are co-owners.

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 as long as a rational partition can be made according to the shares of each co-owner, but if it is impossible to divide in kind or it is possible in form, if the price might be reduced remarkably due to such possibility, the auction of the co-owned property shall be ordered to divide the price by the method of payment division.

The requirement that a "in-kind can not be divided" in the price division is not a physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide the property in kind in light of the nature, location, area, utilization status, use value after the division, etc. of the common property.

Although it is formally possible to divide in kind.

Even if the location, area, and surrounding road conditions, use value, price, shares of each co-owner, and the current status of use and profit-making of the co-owner's share.