1. The remaining money after deducting the expenses for the auction from the proceeds of the sale by selling each real estate listed in the separate sheet;

1. Each real estate listed in the separate list of basic facts (hereinafter “instant real estate”) owns 2/11 shares of the Plaintiff, Defendant C, and E, respectively, and Defendant D’s share of 5/11 shares.

There was no agreement between the Plaintiff and the Defendants on the method of dividing the instant real estate.

[Reasons for Recognition] Confession (Article 150 of the Civil Procedure Act)

2. Determination

A. According to the above facts acknowledged as above, the Plaintiff, a co-owner of the instant real estate, may file a claim for partition against the Defendants, who are other co-owners, pursuant to Articles 268(1) and 269(1) of the Civil Act.

B. 1) The requirement that a partition of co-owned property can be made in kind or in kind if the value of the co-owned property is likely to be significantly reduced, in case of dividing it in kind through a trial, the auction of the property can be ordered, and the "undivided in kind" can not be physically strict interpretation. It includes cases where it is difficult or inappropriate to divide the property in kind in light of the nature, location, size, situation of use, and use value after the partition, etc. of the co-owner's property, and "where the value of the property might be significantly reduced if it is divided in kind" includes cases where, even if the co-owner's property is divided in kind, it is difficult or difficult to reduce the value of the property to be owned independently by the division in kind than the share value of the property before the division (see Supreme Court Decision 2009Da40219, 4026, Sept. 10, 2009).