1. The amount remaining after deducting the auction expenses from the proceeds of the sale of the real estate listed in the annex 1 list;

1. The Plaintiff and the Defendants shared the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) according to their respective co-ownership shares listed in the separate sheet No. 2, and the fact that no agreement was reached between the Plaintiff and the Defendants on the method of dividing the instant real estate, which is public property by the closing date of argument in the instant case, is not disputed between the parties, or that no agreement was reached between the parties on the method of dividing the instant real

2. Determination

A. According to the above facts of recognition, pursuant to Article 269(1) of the Civil Act, the Plaintiff, a co-owner of the instant real estate, may file a claim against the Defendants for the partition of the instant real estate jointly owned.

B. Furthermore, with respect to the method of the division of the common property, the method of the division of the common property in general by the trial is the principle of the division in kind, and if it is impossible to divide the common property in kind or if the value of the common property might be significantly decreased if the division in kind is made in kind, an auction may be ordered to divide the property. In the payment in kind, the term "where it is impossible to divide the common property in kind" includes cases where it is difficult or inappropriate to divide the common property in kind in light of the nature, location, area, use status, and the use value after the division, etc. of the common property, not physically strict interpretation.

In light of the fact that the instant real estate is a unit of an aggregate building, which is an aggregate building, and thus it is impossible to divide the instant real estate in kind, and that the Defendants did not give any answers to the Plaintiff’s claim for payment in installments, and that the instant real estate is difficult to divide in kind or inappropriate to divide in kind at the date of pleading. As such, the instant real estate is deemed to fall under a case where the instant real estate is difficult to divide in kind or it is inappropriate to divide in kind. Therefore, the real estate should be divided by dividing the amount remaining after deducting