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

In fact, according to the purport of Gap evidence Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply) and the entire pleadings, the plaintiff shares 18/121 shares in each real estate listed in the separate sheet Nos. 1 (hereinafter "each real estate of this case") and the defendants share each share listed in the separate sheet Nos. 2 list, and there was no agreement between the plaintiff and the defendants on the division method of each real estate of this case until the date of closing argument of this case, and there was no agreement on the prohibition of division of each real estate of this case.

Judgment

According to the above facts established, the Plaintiff, a co-owner of each real estate of this case, may file a claim for partition of each real estate against the Defendants, who are other co-owners pursuant to Article 269(1) of the Civil Act.

In the case of dividing the jointly-owned property through a judgment on the method of partition of co-owned property, in principle, dividing it in kind, or if it is impossible to divide it in kind or if it is possible to divide it in kind in kind, the value thereof may be reduced remarkably, by ordering an auction of the jointly-owned property.

Here, the requirement includes cases where it is physically impossible to divide the property in kind, as well as cases where it is difficult or inappropriate to divide the property in kind in light of the nature, location, area, use status, use value, etc. of the property jointly owned.

(see Supreme Court Decision 2013Da56297, Dec. 10, 2015). In light of the following circumstances, each of the instant real estate is deemed to significantly decrease the value or use value when it is difficult to divide it in kind or when it is divided in kind in kind. Thus, the auction division under Article 269(2) of the Civil Act is deemed reasonable.

① Defendant B is currently part of the Defendants.