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

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On December 22, 1995, the network I died on November 2, 2015, respectively. The Plaintiffs and the Defendants are their children.

B. At the time of death, the deceased I owned each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

C. The Plaintiffs filed a claim against the Defendants for the division of inherited property regarding each of the instant real property as Busan Family Court No. 2016Dhap20006, and Defendant G filed a complaint against the determination of the contributory portion and the claim for division of inherited property under the Busan Family Court Decision No. 2016Dhap222. On December 28, 2016, the said court dismissed Defendant G’s claim for the contributory portion, and rendered a judgment to divide each of the instant real property into shares in the column of “shared Share” in the separate sheet of co-ownership.

The above adjudication was finalized on January 17, 2017. D.

Until the closing date of the instant case, there was no agreement between the Plaintiffs and the Defendants on the method of dividing each of the instant real estate.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3 (including paper numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the plaintiffs and the defendants shared each real estate of this case, and there was no agreement between the above parties on the method of partition of each real estate of this case. Thus, the plaintiffs can file a claim against the defendants for partition of each real estate listed in the separate sheet 1 through 3 on the basis of their co-ownership right. The defendants can file a claim against the plaintiffs for partition of each real estate listed in the separate sheet 4 through 7 on the basis of their co-ownership right.

B. The partition of co-owned property, based on a judgment on the method of partition of co-owned property, shall be, in principle, divided in kind as far as it is possible to make a reasonable partition according to the share of each co-owner.