1. The real estate listed in the separate sheet No. 1 is put to an auction and the proceeds from the auction shall be deducted;

The real estate listed in the separate sheet No. 1 (hereinafter “each land of this case”) is jointly owned by the Plaintiff and the Defendants according to their co-ownership shares listed in the separate sheet No. 3.

On the other hand, the Plaintiff’s share in each of the instant land was completed the registration of establishment of a neighboring mortgage as indicated in the attached Table 2.

[Reasons for Recognition] Fact-finding, Gap evidence 1-1-3, and the above fact-finding that the plaintiff and the defendants shared each of the lands of this case. Thus, one of the co-owners can file a claim for partition of co-owned property against the defendants, other co-owners pursuant to Article 268(1) of the Civil Act.

In principle, partition of co-owned property according to legal principles regarding the method of partition shall be made in kind as long as a reasonable partition can be made according to the share of each co-owner. If it is impossible to divide in kind or if the value is likely to be substantially damaged due to the division, the price thereof shall be divided through auction.

(Article 269(2) of the Civil Act: Provided, That the requirement that "it shall not be divided in kind" in the payment shall not be physically strict interpretation, but shall include cases where it is difficult or inappropriate to divide the property in kind in light of the nature, location, area, use situation, use value, etc. of the article jointly owned, and the use value after the division.

(2) In light of the aforementioned legal principles, the lower court determined that each of the instant lands cannot be divided in kind and is fair and reasonable to divide the proceeds therefrom through an auction, and that the remaining amount after deducting only the auction costs from the proceeds from the auction is allocated to the Plaintiff and the Defendants in proportion to their respective co-ownership shares, by comprehensively taking account of the following circumstances, including the overall purport of the evidence presented before the judgment (see, e.g., Supreme Court Decision 2002Da4580, Apr. 12, 2002).

The plaintiff distributes the proceeds from the auction.