A. The Plaintiffs and the Defendants share the real estate stated in the Disposition No. 1 (hereinafter “instant land”) in accordance with the co-ownership share indicated in the attached Form.

B. The Plaintiffs and the Defendants did not agree on the division of the instant land.

[Grounds for recognition] Nos. 3 and 5, and the purport of the whole pleading

2. As a matter of principle, the method of partition of co-owned property based on the judgment on the cause of the claim is to be divided in kind as far as it is possible to make a reasonable partition according to the share of each co-owner. However, if it is impossible to divide in kind or in kind or if it is apprehended that the value might be significantly reduced, an auction may be ordered to divide in kind. In the price division, the requirement that “it is not possible to divide in kind” is not physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide in kind in light of the nature, location, area, use situation of the co-owned property, and use value after the division.

(2) In light of the aforementioned legal principles, the land of this case can be recognized as the land for which a project for improving agricultural production infrastructure under the Rearrangement of Agricultural and Fishing Villages Act was implemented, in light of the overall purport of pleadings. According to Article 22(2) of the Farmland Act, the farmland for which the said improvement project was implemented can not be divided if the area of each parcel after the division does not exceed 200 square meters. If the land of this case is divided into the area according to the ratio of shares of the plaintiffs and the defendants, it is obvious that both the plaintiffs and the defendants are to own less than 200 square meters. Thus, it is not appropriate to divide the land of this case in kind, and it is reasonable to place it for auction to divide the proceeds therefrom into shares.

3. In conclusion, it is decided as per Disposition by dividing the land of this case by the method as stipulated in Paragraph (1) of this Article.