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1. The remainder of the amount calculated by deducting the auction expenses from the price by selling it to an auction of the 717 square meters in the Gun-gun X Miscellaneous land in the Gunsan-si;
Reasons
1. Basic facts
A. The Plaintiffs and the Defendants shared the share of 717 square meters in the Gun-gun X Miscellaneous land (hereinafter “instant land”) in the respective shares listed in the separate sheet.
B. As of the date of the closing of the instant argument, there was no agreement between the Plaintiffs and the Defendants on the method of dividing the instant land.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination
A. According to the above facts acknowledged as above, the plaintiffs can file a claim against the defendants, other co-owners, for partition of the land of this case pursuant to Article 269(1) of the Civil Act.
B. The partition of co-owned property by judgment is, in principle, based on the method of in-kind division as long as it is possible to make a rational partition according to each co-owner's share. However, even if it is impossible or possible in kind, if the price of the co-owned property might considerably decline due to the fact, the so-called price division shall be made by ordering the auction of the co-owned property to divide the price (see, e.g., Supreme Court Decision 2002Da4580, Apr. 12, 2002). According to the reasoning of this court's inquiry into the military market, according to the whole arguments, the land of this case constitutes a production management area of the area outside the city, and the plaintiffs and the defendants have no record of permission for the division of the above land. In order to obtain the permission for the production management area under Article 36 (1) 2 (b) of the National Land Planning and Utilization Act (hereinafter "National Land Planning Act"), the land area of the plaintiffs and the defendants under Article 36 (1) 251 (d) of the Enforcement Decree of the National Land Planning Act shall be divided.