1. The remainder of money calculated by selling L 1319 square meters at an auction in the Asia-si and subtracting the auction cost from the proceeds of the sale.

1. Basic facts

A. The land indicated in paragraph (1) of this Article is jointly owned by the Plaintiff (Appointed Party; hereinafter “Appointed Party”) and the Defendants in the same proportion as indicated in paragraph (1) of this Article.

B. Each of the lands listed in paragraph (2) of this Article is jointly owned by the designated parties Q and Defendants in the same proportion as stated in paragraph (2) of this Article.

C. Of the lands listed in paragraphs 1 and 2 of the Disposition No. 1 (hereinafter “each of the instant lands”), the Defendant H shares were registered in the name of the State (Disposition Office), Seoan-gu, Seoan-gu, and Seoan-gu, Chungcheongnam-gu, Chungcheongnam-gu.

(However, the registration of seizure in the name of the Dong-gu, Nam-gu, Dong-si is completed only with Defendant H’s share out of 1382m2m2 before Masan-si).

There was no agreement between the designated parties, the Defendants, Q and the Defendants on the dividing method of each of the instant land until now.

[Ground of recognition] Unsatisfy, entry of Gap evidence 6 (including provisional number), purport of whole pleadings

2. Determination

A. According to the facts above, the claim for partition of co-owned property in each of the lands in this case, the designated party and Qua may claim partition of each of the lands in this case, which are co-owned property pursuant to Article 269(1) of the Civil Act.

(b) Division of co-owned property by a judgment on the method of partition of co-owned property shall, in principle, be made in kind as far as it is possible to make a rational partition according to the share of each co-owner, and if it is impossible to divide it in kind or if it is possible to divide it in kind in kind, the price thereof may be reduced remarkably, by ordering the auction of the property,

Here, the requirement does not physically strictly interpret it, but includes cases where it is difficult or inappropriate to divide the property in kind in light of the nature, location, area, current use, value of use after the division, etc. of the article jointly owned.

The phrase "if the amount is to be divided in kind, if there is a possibility that the value will be reduced remarkably."