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. In full view of the purport of evidence Nos. 1, 2-1, 2, and 3 of the co-owned property partition claim, each of the real estate listed in the separate sheet (hereinafter “instant house”) shall be co-owned by the Plaintiffs, Defendant D, and Defendant C’s share of 9/9 shares, and Defendant C’s share of 3/9 shares; and it can be acknowledged that there was no agreement as to the method of partition of the instant house between the Plaintiffs and the Defendants by the date of closing argument of the instant case. Thus, the Plaintiffs may file a co-owned property partition claim against the Defendants.

2. Regarding the method of partition of co-owned property, public property shall, in principle, be divided in kind, but if it is impossible to divide in kind or the value thereof might be reduced remarkably, the court may order auction of things;

(Article 269(2) of the Civil Code. Here, the requirement that "shall not be divided in kind" is not a physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, situation of use, value of use after the division, etc. of the article jointly owned.

(2) In light of the aforementioned legal principles, the Plaintiff and the Defendants jointly share the land and the above-mentioned housing and share it on the ground, so it is impossible or difficult for the Plaintiffs and the Defendants to divide it in kind, and there is no intent to consult on the compensation through money. In light of the following circumstances, the instant housing constitutes a case where it is difficult or inappropriate to divide it in kind. Thus, it is appropriate to sell the instant housing at auction and distribute the remaining amount after deducting the expenses from the auction price to the Plaintiffs and the Defendants according to the share sharing ratio.

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