1. The sale price shall be the remainder after deducting the auction cost from the sale price, which is put up for an auction of 189 square meters in Busan Northern-gu G.

1. Facts of recognition;

A. The Plaintiffs and the Defendant shared 63/189m2 in proportion to each of the 63/189m2 (hereinafter “instant land”).

B. The plaintiffs and the defendant did not reach an agreement on the method of dividing the land of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination:

A. According to the above acknowledged facts, the plaintiffs and the defendant shared the land of this case and did not reach an agreement on the method of partition between the parties. Thus, the plaintiffs can file a claim for partition of co-owned property against the defendant as to the land of this case, which is jointly owned by their co-ownership.

B. The method of partition of co-owned property (1) shall be, in principle, divided in kind or in kind, if it is impossible to divide in kind, or even if it is possible in form, if the price is likely to decrease substantially, the auction of the co-owned property and the so-called payment method to divide the price. Here, the price decrease substantially due to the in-kind division shall include not only the case where the exchange value of the co-owned property is significantly reduced due to the in-kind division but also the case where the value of the portion owned by each co-owner is significantly reduced considerably than the share price before the co-owner's co-owned property division, even if the co-owned property is not divided in kind. Thus, even if it is possible in kind, if the share price of each co-owner's co-owner's share can not be divided in kind after considering the location, size and surrounding situation, use value, price, share ratio of co-owner's share and the current status of co-owner's share use and profit-making.