1. It shall be put up for auction 1,540 square meters in the voice-gun of Chungcheongbuk-gun, and the remainder after deducting the expenses for auction from the proceeds thereof shall be attached thereto;

1. Determination as to the cause of claim

A. The Plaintiff and the Defendants (hereinafter “Co-owners of this case”) shared the real estate listed in the Disposition No. 1 (hereinafter “instant land”) as of the date of closing argument of this case according to the corresponding share ratio as indicated in the attached Table of co-ownership. The fact that there was no agreement between the parties as to the method of division prior to the filing of the instant lawsuit, and the fact that there was no agreement prohibiting division of the said land does not exist between the parties, or that there was no agreement prohibiting division as to the said land, can be acknowledged by comprehensively taking account of the overall purport of the pleadings in

Therefore, the Plaintiff may request the court to divide the land of this case.

(b) Co-owned property partition by one trial on the method of partition shall be, in principle, by the method of spot partition, or by the method of spot partition, if it is impossible to divide it in kind or even if it is possible in form, if the price might be reduced remarkably due to such cause, by the auction of the co-owned property, by the method of dividing the price in kind;

"The price is significantly reduced due to the in-kind division" includes not only the case where the exchange value of the whole co-owned property is significantly reduced due to the in-kind division but also the case where the value of the part to be owned independently due to the in-kind division is significantly reduced compared to the share value in the co-owners before the partition of co-owned property.

Therefore, even if it is possible to divide in kind formally, if it is not possible to divide in kind according to the share ratio of each co-owner when considering the location, area and surrounding roads, use value, price, ownership share ratio of co-owner and use and profit-making status of co-owner, it is not necessary to divide in kind, but to divide in kind if it is not possible to divide in kind.