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1. The real estate stated in the attached list 1 is put to an auction and the remaining amount after deducting the auction expenses from the proceeds of sale;
Reasons
1. Basic facts
A. The Plaintiff and the Defendants share the real estate listed in the Disposition No. 1 (hereinafter “instant land”) at the ratio of co-ownership shares listed in the attached Table 2.
B. The Plaintiff and the Defendants did not agree on the division of the instant land.
[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings
2. According to the above recognition of the claim for partition of co-owned property as to the cause of the claim, the Plaintiff and the Defendants shared the instant land. Thus, one of the co-owners can file a claim for partition against the Defendants, who are other co-owners, pursuant to Article 268(1) of the Civil Act.
The method of partition of co-owned property by judgment as to whether it is possible to divide it in kind or in kind shall be, in principle, divided in kind as long as it is possible to divide in kind according to the share of each co-owner. However, if it is impossible to divide in kind or in kind or if it is possible to divide in kind, if the value thereof is considerably reduced, an auction may be ordered to divide in kind. In the payment division, the requirement that "it is not possible to divide in kind" is not physically strict interpretation. It includes cases where it is difficult or inappropriate to divide in kind in light of the nature, location, area, use situation of the co-owned property, the use value after the division, etc.
(2) Article 22 of the Farmland Act provides that “The land of this case shall be divided into two thousand square meters or less, and the land shall be divided into two parts or less, and the land shall be divided into two parts or more, and the land shall be divided into two parts or more, and the land shall be divided into two parts or more, and the land shall not be divided into two parts or more, and the land shall not be divided into two parts or more, if it is divided into two parts or more, or if it is divided into two parts or more, it shall not exceed 2,00 square meters.”