1. The real estate stated in the separate sheet shall be put to an auction and the remainder after subtracting the auction cost from the proceeds of the sale;

Attached Form

The real estate indicated in the list (hereinafter “each of the instant real estate”) owned 1/2 shares of the Plaintiff and the deceased D (hereinafter “the deceased”). However, upon the death of the deceased on or around March 2015, the Defendants, the deceased’s spouse, succeeded to 1/2 shares of the deceased according to the statutory inheritance share ratio. As a result, each of the instant real estate was owned by the Plaintiff 10/14, and the Defendants shared 2/14 shares of each of the instant real estate. The agreement on partition was not reached between the original and the Defendant on partition of each of the instant real estate, and there was no dispute between the parties on the fact that there was no agreement on partition, or that there was no agreement on partition, the entire purport of each of the arguments listed in the evidence No. 1 and No. 2-1 through No. 4 may be acknowledged by taking into account the overall purport of the pleadings.

Accordingly, the Plaintiff filed a claim against the Defendants for the division of each of the instant real estate in accordance with the main sentence of Article 268(1) of the Civil Act, and sought that each of the instant real estate be sold to an auction and distributed the price according to the share ratio on the ground that the value might have been significantly reduced due to the division of each of the instant real estate.

If each of the instant real estate is divided in kind, it is considered whether the value thereof is likely to be reduced significantly.

When adding the purport of the entire pleadings to each entry in Gap evidence 2 through 5 (including each number), the fact that a building listed in paragraph 4 of the attached Table was constructed on each land listed in the attached Table 1 and 2, and the fact that part of the land listed in paragraph 3 of the attached Table is used for the parking lot for the building listed in paragraph 4 of the attached Table, respectively, is recognized as a road.

As such, each real estate of this case has the form in which the building, site, and attached land are used as a whole, and in the case of dividing it in kind, each real estate of this case into the same owner.