1. The remaining amount after deducting the expenses for the auction from the proceeds of the sale by selling the buildings listed in the attached list;

1. The fact of recognition is that the Plaintiff, around September 17, 2012, was the owner who completed the registration of ownership transfer with respect to the CJ 939 square meters (hereinafter “instant land”). The Plaintiff shares the instant building located on the ground of the instant land at the ratio of 6/23 and the Defendant 17/23, and the Defendant occupies and uses the instant building exclusively, which is public property, from before the Plaintiff completed the registration of ownership transfer with respect to the instant land to the completion date of the pleadings. The fact that the Plaintiff and the Defendant did not reach an agreement with respect to the method of partition of the instant building, may be recognized by comprehensively taking into account the overall purport of arguments as to each of the entries in the Evidence Nos. 1, 2, and 4 through 6 (including the provisional number).

2. Judgment on the claim for partition of co-owned property

A. The Plaintiff and the Defendant shared the instant building, and the parties did not reach an agreement on the method of partition of the instant building. As such, the Plaintiff has the right to partition co-owned property against the Defendant based on his co-ownership.

B. (1) The method of partition of co-owned property in trial is, in principle, a method of in-kind 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 form, 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, but it shall not be divided in-kind. It does not physically strictly interpret it, but includes cases where it is difficult or inappropriate to divide it in-kind in light of the nature, location, area, use situation of the co-owned property, use value after the division.

If it is divided in kind, it is remarkably possible to divide.