1. The amount remaining after deducting the auction expenses from the price shall be put up for auction by selling the 1392 square meters of the paddy-gun Incheon po-gun.

Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 and 2-1 and 2-2, the plaintiff and the defendant shared the real estate of this case as shares of 4/5 and 1/5, no special agreement was made between the plaintiff and the defendant to not divide the real estate of this case, and it can be acknowledged that the agreement on partition of co-owned property has not been reached, so the plaintiff may file a claim against the defendant for partition of the real estate of this case.

As to the method of partition, it is reasonable to divide the real estate of this case according to the method of auction division in consideration of the following: although the partition of co-owned property by judgment is based on the method of partition in kind, it is difficult to find a reasonable method of partition in kind which corresponds to the ratio of shares of the plaintiff and the defendant, and the plaintiff wishes to purchase the defendant's shares, but the defendant wishes to purchase the share in kind or auction division, but it is not acceptable for the defendant to accept the result of appraisal of the real estate of this case, and the purchase of shares by a little amount than the above appraisal result against the plaintiff.

Therefore, it is so decided as per Disposition by deciding to distribute to the plaintiff and the defendant the remaining amount after deducting the auction cost from the proceeds of the sale by selling the real estate at auction.