(C) The Plaintiff, a co-owner of the instant land, may file a claim for the partition of the instant land with the Defendants, who are other co-owners, pursuant to Article 269(1) of the Civil Act.

We examine the method of partition of co-owned property.

Considering the following circumstances, which can be recognized by comprehensively considering the evidence Nos. 1, 2, and 3 and the purport of the entire pleadings, namely, the Plaintiff filed the instant lawsuit by demanding the division of the instant land by means of distributing the proceeds from sale through an auction, and the Defendant B appears not to oppose the method of payment due to the failure to submit a written reply, etc., it is difficult or inappropriate to divide the instant land in kind, and it is reasonable to divide it by means of payment division.

Therefore, it is so decided as per Disposition by the assent of all participating Justices on the bench that the remaining amount of the land of this case, which was put up for auction and deducted from the auction cost, shall be distributed to the plaintiff and the defendants