The amount of 1,883 square meters and J 325 square meters shall be put to an auction and the auction cost shall be deducted from the proceeds of the sale.

1. The facts of recognition are as follows: (a) the Plaintiff, Defendant B, and the other Defendants and the deceased C’s litigant’s litigant’s litigant’s litigant (hereinafter “Defendants”), together with the Defendants and the other Defendants, share the 1,883 square meters and J 325 square meters (hereinafter “instant real estate”) in proportion to the relevant co-ownership column in attached Table.

Real estate in this case is farmland for which an agricultural production infrastructure improvement project has been completed under the Rearrangement of Agricultural and Fishing Villages Act.

There is no agreement prohibiting the division of the instant real estate between the Plaintiff and the Defendants, and there is no agreement on the division method of the instant real estate as of the date of closing the argument in this case.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-4, fact-finding results for Net Chang-gun, the purport of the whole pleadings

2. Determination

A. According to the above acknowledged facts, the Plaintiff, a co-owner of the instant real estate and the Defendants, did not reach an agreement on the method of partition of the instant real estate. Therefore, the Plaintiff may claim a partition of co-owned property in the court pursuant to Article 269(1) of the Civil Act.

B. The method of partition of co-owned property is, in principle, divided in kind, but the co-owned property may be divided according to auction only when it is not possible to divide it in kind or the value thereof may be reduced remarkably by division.

(Article 269(2) of the Civil Act provides that farmland for which a project for improving agricultural production infrastructure has been implemented under the Rearrangement of Agricultural and Fishing Villages Act shall not be divided, except where the area of each parcel is divided into more than 2,000 square meters after the division.

According to the above facts, the instant real estate is farmland for which a project for improving agricultural production infrastructure has been completed in accordance with the Rearrangement of Agricultural and Fishing Villages Act, and it is impossible to divide the instant real estate into more than 2,000 square meters and its size and the share ratio of the Plaintiff, the Defendants.

The real estate in this case is the Farmland Act.