1. The plaintiff 6/15 and the plaintiff 6/15 of the amount remaining after deducting the auction cost from the price by selling the 17,745 square meters of the H prior to Ansan-si.

1. Basic facts

A. On February 26, 2018, the Plaintiff awarded a successful bid of 6/15 square meters of shares of H 17,745 square meters (hereinafter “instant land”) prior to Ansan-si, and owned shares with the Defendants.

B. The instant land is in the shape of a slope towards mountain along the mountain along with its meritorious services, and is in the shape of a tombstone in the mountain towards mountain.

C. The Plaintiff and the Defendants did not reach an agreement on the division of the instant land.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 (including each number), the purport of the whole pleadings

2. Determination

A. According to the facts prior to the creation of the right to partition of co-owned property, the Plaintiff and the Defendants, a co-owner of the instant land, did not reach an agreement on the method of partition of the instant land. Therefore, the Plaintiff, as co-owner of the instant land, may file a claim for partition of the instant land against the Defendants

B. In principle, the partition of co-owned property by a trial is to be made in kind as long as a rational partition can be made according to the share of each co-owner. However, even if it is impossible in kind or it is possible in form, if the price might be reduced remarkably due to such a possibility, the auction of the co-owned property shall be ordered to divide the price by the so-called price division.

The requirement that a "in-kind can not be divided" in the price division is not a physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide the property in kind in light of the nature, location, area, utilization status, use value after the division, etc. of the common property.

Although it is formally possible to divide in kind.

Even if the location, area, and surrounding road conditions, use value, price, share ratio of ownership of each co-owner, and the current status of use and profit-making of the co-owner can be divided equally according to the share ratio of ownership of each co-owner.