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

1. Facts of recognition;

A. The real estate listed in the separate sheet (hereinafter “instant real estate”) is jointly owned by the Plaintiff and the Defendants, respectively.

B. No agreement was reached between the Plaintiff and the Defendants regarding the method of dividing the instant real estate until the closing date of the instant argument.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination

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

B. In principle, the partition of co-owned property by judgment shall be made by the method of in-kind division as long as a reasonable partition can be made according to the share of each co-owner. However, even if it is impossible in-kind or possible in-kind, if the price might be reduced remarkably due to the auction of the co-owned property, the auction of the co-owned property shall be ordered, and the price shall be divided by the method of price division. In the case of price division, the requirement that "it shall not be divided in-kind" is not physically strict interpretation, but 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 partition.

(2) In light of the following circumstances, the real estate of this case is difficult to divide in kind by nature as an aggregate building with a section of exclusive ownership of 59.54 square meters, and it appears difficult to draw a plan to divide in kind with the consent of all the parties. The real estate of this case constitutes a case where it is difficult or inappropriate to divide in kind, given that the real estate of this case is an aggregate building with a section of exclusive ownership of 59.54 square meters.

C. Therefore, the plaintiff and the plaintiff who sold the instant real estate to auction and deducted the auction cost from the price.