1. The remaining amount after deducting the expenses for the auction from the proceeds of the auction attached to the real estate stated in the attached list;

1. Facts of recognition;

A. The Plaintiff and the Defendants are co-owners with co-owners having co-ownership share, such as the written order, as to the land listed in the attached list (hereinafter “instant land”).

B. Meanwhile, the Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant land until the date of closing the argument in this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above acknowledged facts, the Plaintiff, a co-owner of the instant land, may file a claim against the Defendants for partition of the instant land pursuant to Article 269(1) of the Civil Act.

B. The partition of co-owned property in accordance with the legal principles regarding the method of partition 1 is, in principle, a method of spot partition as long as it is possible to make a rational partition according to the share of each co-owner. However, even if it is impossible or possible in kind, if the price is likely to decrease substantially due to the auction of the co-owned property, the so-called price partition shall be made by ordering the auction of the co-owned property to divide the price. However, in the price partition, "it cannot 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, and use value after the partition.

In addition, the phrase "if the value of the portion is to be reduced remarkably if it is divided in kind" also includes a co-owner's cases where the value of the portion to be owned by the sole owner is likely to be reduced significantly than the value of the share before the division.

Therefore, it is possible to divide in kind formally.

Even the location, area, and surrounding road conditions, use value, price, shares of each co-owner, and shares of each co-owner.