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1. The remaining amount of each real estate listed in the separate sheet after deducting the expenses for auction from the proceeds of auction;
Reasons
1. The following facts are acknowledged as either of the parties' disputes or as a whole by considering the overall purport of the pleadings in each entry in Gap evidence 1 to 5:
A. Each of the real estate stated in the disposition (hereinafter “instant real estate”) was jointly owned by Defendant C, D, and E, 2/17 shares, Defendant F, 9/17 shares, and G 2/17 shares. However, the Plaintiff was sold shares of G on November 29, 2017 through a public sale procedure.
B. Since then, the Plaintiff demanded the Defendants to divide the instant real estate, but did not reach an agreement on the method of division among the original Defendant.
2. According to the above facts of recognition, the Plaintiff may claim against the Defendants the division of the instant real estate jointly owned by the Plaintiff.
(1) The Plaintiff, who purchased a part of co-ownership through the public sale procedure, sought the division of the instant real estate used as a residential and living space of the Defendants’ family members for a long time, is against good morals and other social order, or constitutes an unlawful act, or constitutes an abuse of rights. However, the division of co-ownership is in principle possible if the co-owners have agreed on the method at will, but if the co-owners fail to reach agreement, if the co-owners divide the jointly-owned property by the trial, the court may divide it in kind into the form of money. If the co-ownership could not be divided in kind or if the value of the property might be significantly reduced, the court may order the auction of the property.
In this context, the requirement is not physically strict interpretation, but includes cases where it is difficult or inappropriate to divide the property in kind in light of the nature, location, area, use status, use value after the division, etc. of the article jointly owned.
If it is divided in kind, the value will be reduced remarkably.