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. According to the purport of Gap's claim for partition of co-owned property, Gap evidence Nos. 1, 3, 5, 7, 8, and 10 (including branch numbers) and the whole pleadings, the plaintiff and the defendants shared each real estate listed in the separate sheet (hereinafter "the real estate of this case") in their respective shares listed in the separate sheet of co-ownership. It can be acknowledged that specific consultation as to the method of partition between the plaintiff and the defendants as co-owner of the real estate of this case and the co-owner of the real estate of this case has not been reached until the date of closing argument of this case. Thus, the plaintiff may file a lawsuit against other co-owners pursuant to Article 269 (1) of the Civil

2. In principle, the partition of co-owned property by judgment on the method of partition of co-owned property shall be made in kind so that each co-owner can make a rational partition according to his/her share; however, the requirement that "it cannot be divided in kind" cannot be physically interpreted strictly, but it shall include cases where it is difficult or inappropriate to conduct the partition in kind in light of the nature, location, area, situation of use, use, use value after the partition, etc. of the co-owned property

(2) In the case of a co-owner's in-kind, "if the value of the property is likely to be reduced significantly if the property is divided in kind" also includes the case where the value of the property to be owned by the sole owner is likely to be reduced significantly than the value of the property before the division.

(See Supreme Court Decision 2002Da4580 delivered on April 12, 2002). Therefore, it is possible to divide goods in kind in a formal manner.

Even if the position, area, and surrounding road conditions, use value, price, share ratio of each co-owner, and the current status of use and profit-making of the co-owner, if it is not possible to be divided equally according to the share ratio of each co-owner, the method of spot-sale.