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. Facts of recognition;

A. Each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) is jointly owned by the Plaintiff and the Defendant at each share of 1/2.

B. The Plaintiff and the Defendant did not reach an agreement on the division method of each of the instant real estate, which is public property, until the closing date of the instant argument.

【Ground of recognition】 Evidence No. 1, the purport of the whole pleading

2. Determination

A. The Plaintiff and the Defendant shared each of the instant real estate, and the agreement on the method of partition of each of the instant real estate was not constituted between the parties. Thus, the Plaintiff has the right to claim partition of co-owned property against the Defendant based on his co-ownership

B. As a matter of principle, the partition of co-owned property based on a judgment on the method of partition of co-owned property shall be divided in kind in a manner that makes it possible to make a reasonable partition according to the share of each co-owner, and if it is impossible to divide in kind or in kind or if it is possible to divide in kind, the auction of the goods can be ordered only when the value thereof might be reduced remarkably, and it is not physically strict interpretation, and it includes the case where it is difficult or inappropriate to divide in kind in consideration of the nature, location, size, use situation of the co-owned property, use value after the division, etc.

(1) Each real estate of this case, which is recognized by the evidence mentioned above, constitutes a case where it is difficult or inappropriate to divide the real estate of this case in kind, in view of the situation of its use, including the fact that each real estate of this case is used as a commercial facility as a third floor of the building site and its ground, and the future use value after the division, etc.

3. In conclusion, the remaining money from the price of each of the instant real estate sold at auction is calculated according to the share of the Plaintiff and the Defendants.