1. It shall be put up for auction a lot of 182m2 and D 893m2 in Chungcheongnam-si, Chungcheongnam-si, and the auction cost shall be deducted from the price.

1. In full view of the facts that there is no dispute over recognition, and the overall purport of the entries and arguments by the Defendant (Appointed Party) and the designated parties (hereinafter “Defendants”) and E, on July 6, 2017, have completed registration of preservation of ownership as to each of the 1/6 shares of 1/6 square meters and D large 182 square meters and D large 893 square meters (hereinafter “instant land”). Of the instant land, the Plaintiff was awarded a successful bid on October 14, 2019 through a compulsory auction and paid the successful bid price on October 14, 2019. On the instant land, there is a building owned by a third party on the instant land, and there is a person residing in the said building, and there is no agreement between the Plaintiff and the Defendants prohibiting the division of the instant land, and there is no agreement between the Plaintiff and the Defendants on the method of subdivision of the instant land as of the date of closing the argument in the instant case.

2. Judgment as to the partition of co-owned property

A. According to the above facts of recognition, the agreement between the Plaintiff and the Defendants, co-owner of the land of this case, was not concluded regarding the method of partition of each real estate of this case. Thus, the Plaintiffs may claim a partition of co-owned property of this case to the court pursuant to Article 269(1)

(b) In principle, the article jointly owned shall be divided in kind, but the article jointly owned may be divided by auction only when it is impossible to divide it in kind or the value thereof may be reduced remarkably by division.

(2) Article 269(2) of the Civil Act provides that a building owned by a third party exists on the ground of the instant land and a person residing on the ground. As such, in the event of dividing the instant land into investment in kind, the interests between the Plaintiff and the Defendants depending on the location and shape of the said building and the legal relationship on the said building are significantly different. Thus, it is difficult to divide the instant land into investment in kind.

Therefore, each of the real estate in this case is put up for auction and from the proceeds of sale.