1. The plaintiff shall sell the 119m2 in Kimcheon-si D to auction and deduct the auction cost from the price.

1. Facts of recognition;

A. As to the land of this case in Kimcheon-si D, Kimcheon-si (hereinafter “instant land”), the Plaintiff, the Defendant, and the designated parties possess their co-ownership shares as shown in the attached Table.

B. There was no agreement prohibiting the division of the instant land between the Plaintiff, the Defendant (Appointed Party) and the designated parties, and there was no agreement on the division method of the instant land as of the date of the closing of argument in the instant case.

[Ground of recognition] Unsatisfy, entry in Gap evidence 1 through 4 (including each number for a case with a serial number), the purport of the whole pleadings

2. According to the above facts of recognition, since the agreement on the method of partition of the land of this case was not concluded between the plaintiff, the co-owner of the land of this case, the defendant (appointed party) and the designated parties, the plaintiff can file a claim for partition of co-owned property of this case with the court pursuant to Article 269(1)

Furthermore, as to the method of partition, the partition of co-owned property, in principle, or according to Article 269(2) of the Civil Act, if it is impossible to divide in kind in kind or if the value of the co-owned property might be reduced remarkably, the court may order the auction of the co-owned property to pay in kind, and if it is impossible to divide in kind, it shall include cases where it is difficult or inappropriate to divide in kind in kind in light of the nature, location, area, utilization situation of the co-owned property, use value after the division, etc.

However, considering the number of co-owners of the land of this case and their respective shares, size, shape, current utilization situation, market price, and form and size of the land after division, the land of this case is deemed difficult to divide in kind by its nature. Thus, the remaining money after deducting the auction cost from the price of the land of this case from the auction is to the plaintiff, defendant (appointed party) and the designated parties, respectively.