1. The plaintiff 1. The plaintiff 1. the remaining amount after deducting the auction cost from the proceeds of the sale, which was put up for the auction of 648 square meters in Gyeongbuk-dong, Dong

1. In full view of evidence evidence Nos. 1 through 4, and the purport of the entire pleadings, the Plaintiff and the Defendants shared the land indicated in the text (hereinafter “instant land”) as 1/3 shares, respectively, and the fact that consultation on the method of partition has not been reached as to the instant land can be acknowledged.

According to this, the Plaintiff, a co-owner of the instant land, may claim the division of the instant land against the Defendants, who are other co-owners pursuant to Article 269(1) of the Civil Act.

2. Method of partition of co-owned property;

(a) In the case of dividing the jointly-owned property by a trial, if it is impossible to divide it in kind or if the value of the property is apprehended to be significantly reduced, the auction of the property may be ordered, and this is not physically strict interpretation, and the requirement of "undivided in kind" should include cases where it is difficult or inappropriate to divide it in kind in light of the nature, location, area, situation of use, and use value after the division, etc. of the jointly-owned property in light of the nature, location, and use value after the division.

Supreme Court Decision 2002Da4580 Decided April 12, 2002, Supreme Court Decision 2009Da40219, 40226 Decided September 10, 2009, etc.

As to the Plaintiff’s claim for payment by auction, Defendant B did not appear on the date of pleading without giving any answer. In light of the following: (a) Defendant C was present on the date of pleading and state that it is intended to divide the land in kind; (b) there is no assertion or proof as to the ground; and (c) the location and area of the land of this case and the Defendants appeared difficult to find the method of dividing the land in kind in a manner that does not undermine the substantial fairness; (d) it is reasonable to deem that the land of this case constitutes a case where it is difficult or inappropriate to divide the land in kind.

Therefore, the land of this case is put to an auction and the auction cost is deducted from the sale price.