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. Basic facts

A. Of the land listed in the attached list No. 1 (hereinafter “instant land”), Defendant A owned each share of 11/82, Defendant B, E, and F, 284/6,888, Defendant C, G, H, and Nonparty K, respectively, 994/6,888, Defendant DD’s 426/6,888, and Defendant I owned each share of 710/6,888.

Attached Form

Of the buildings listed in list 2 (hereinafter “instant building”), Defendant B, E, and F owned each share of 4/84, Defendant C, G, H, and Nonparty K, respectively, 14/84, Defendant D’s 6/84, and Defendant I owned 10/84.

B. On August 25, 2014, the Plaintiff (Appointed Party, hereinafter “Plaintiff”) and the Appointed J (hereinafter “Appointed”) purchased the shares of Nonparty K in the public auction procedure with respect to the instant land and building. On August 25, 2014, the Plaintiff completed the registration of transfer of shares in the instant building, 2/18 shares, and 1/18 shares, among the instant buildings.

C. The Plaintiff and the designated parties requested the Defendants to divide the instant land and buildings after acquiring the above co-ownership shares, but no agreement was reached between the Plaintiff, the designated parties, and the Defendants on the division method of the instant land and the building until the date of closing the argument in the instant case.

[Reasons for Recognition] Uncontentious Facts, Entry of Gap evidence 1, purport of whole pleadings

2. Determination as to the cause of claim

A. According to the facts found in the above recognition, the Plaintiff, Appointed, and the Defendants who jointly own the instant land and buildings did not reach an agreement on the method of partition. Therefore, the Plaintiff and Appointed may file a claim against the Defendants, who are other co-owners, for partition of the instant land and buildings with the court pursuant to Articles 268 and 269 of the Civil Act.

B. In principle, partition of co-owned property based on a judgment on the method of partition of co-owned property shall be made by the method of spot partition as long as a rational partition can be made according to each co-owner’s share. However, it is impossible or in form.