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. As to each land listed in the separate sheet Nos. 1 through 3 and buildings listed in the separate sheet No. 4, the Plaintiff owns 2/11, and the Defendant owns co-ownership shares of 9/11.

B. Until the date of the closing of the instant argument, consultation on the method of dividing each real estate listed in the separate sheet was not reached.

[Ground of recognition] Facts without dispute, entry of Eul evidence No. 1 (including virtual number), purport of the whole pleadings

2. Determination

A. According to the facts of recognition as above, the Plaintiff, a co-owner of each real estate listed in the separate sheet, may file a claim against the Defendant, the other co-owners, for partition of each real estate listed in the separate sheet pursuant to Article 269(1) of the Civil Act

B. A method of partition of co-owned property can be divided in kind in a case where the co-owned property is divided in kind through a trial. If the value of the co-owned property is unable to be divided in kind or in kind is likely to be significantly reduced, an auction of the co-owned property may be ordered. Here, the requirement includes cases where it is physically impossible to divide the co-owned property, and where it is difficult or inappropriate to divide the property in kind in light of the nature, location or size of the property, the situation of use, the use after the division, the use value after the division, etc. In addition, the requirement includes cases where it is difficult or inappropriate to divide the property in kind even if the co-owner’s property is divided in kind, and the value of the property to be owned in kind is likely to be significantly reduced compared to the share value of the property before the division (see, e.g., Supreme Court Decisions 92Da30603, Jan. 19, 193; 2013Da2675, Dec. 10, 20195).