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. The plaintiff and the defendants share each real estate listed in the separate sheet (hereinafter referred to as "each real estate of this case") in proportion to the co-owned share stated in the separate sheet.

B. The Plaintiff and the Defendants did not hold a divided agreement on each of the instant real estate, and there was no agreement prohibiting the division of each of the instant real estate.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 to 4, the 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 of this case, may request the Defendants, other co-owners, to divide each real estate of this case in accordance with the main text of Article 268(1) and Article 269(1) of the Civil Act.

The method of dividing jointly owned property 1) In principle, it is difficult to divide the jointly owned property in kind as long as it is possible to divide it in kind according to the share of each co-owner. If it is impossible to divide it in kind or if it is possible to divide it in kind, the above "it is not possible to divide it in kind" into money, but it does not physically strictly interpret it, and it includes cases where it is difficult or inappropriate to divide it in kind in light of the nature, location, use status, and use value of each real estate of this case recognized by the records of this case (see Supreme Court Decision 2002Da4580, Apr. 12, 2002, etc.). In light of the nature, location, and use value of each real estate of this case recognized by the records of this case, it is difficult to confirm a plan to adjust interests between the plaintiff and the defendants in kind, and the real estate of this case is sold in kind, and it is reasonable to deem it to be each of the following cases.