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

1. Facts of recognition;

A. The Plaintiff and the Defendants share the real estate listed in the separate sheet (hereinafter “instant real estate”) in their respective shares in 1/7.

B. Until now, there was no division agreement between the Plaintiff and the Defendants on the instant real estate and there was no division prohibition agreement.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Plaintiff, a co-owner of the instant real estate, may claim a partition of the said real estate against the Defendants, who are other co-owners, pursuant to Article 269(1) of the Civil Act.

B. The partition of co-owned property, based on the decision on the method of partition, shall be made by the method of in-kind division, in principle, insofar as the co-owners can make a rational partition according to their shares. However, even if it is impossible in kind or if the price might be reduced remarkably as a result, the auction of the co-owned property should be ordered, and if the price might be reduced remarkably, the sale of the co-owned property shall not be divided in kind. However, the requirement that "in the payment division, it shall not be divided in kind" should not be interpreted physically strictly. It includes cases where it is difficult or inappropriate to divide the co-owned property in kind in light of the nature, location, area, use situation, use value after the division

In full view of all the circumstances, including the fact that the instant real estate is a building and it is practically impossible to divide it physically according to the ratio of the original Defendant’s shares, and that the remaining parties except the Defendant Paia Co., Ltd., who did not appear on the date for pleading of the instant case wish to divide by auction, the entire purport of the pleadings in each of the items stated in the evidence Nos. 3 through 7, and that the instant building is deemed to have been divided by kind.