1. The remaining amount of 1,441 square meters prior to Nam-gu K at port shall be put to an auction and the auction expenses shall be deducted from the price.

1. According to the purport of Gap evidence No. 1 and all pleadings, the plaintiff and the defendants shared the real estate as stated in the Disposition No. 1 (hereinafter "the real estate of this case") in their respective shares in the separate shares list, and it can be acknowledged that specific consultation regarding the method of division has not been reached between the plaintiff and the defendants, who are co-owners of the real estate of this case, by the closing date of arguments of this case. Thus, the plaintiff may file a lawsuit against the defendants, other co-owners pursuant to Article 269(1) of the Civil Act, barring any special circumstance.

2. In principle, the partition of co-owned property by judgment on the method of partition of co-owned property shall be made in kind so that each co-owner can make a rational partition according to his/her share; however, the requirement that "it cannot be divided in kind" cannot be physically interpreted strictly, but it shall include cases where it is difficult or inappropriate to conduct the partition in kind in light of the nature, location, area, situation of use, use, use value after the partition, etc. of the co-owned property

(2) In the case of a co-owner's in-kind, "if the value of the property is likely to be reduced significantly if the property is divided in kind" also includes the case where the value of the property to be owned by the sole owner is likely to be reduced significantly than the value of the property before the division.

(See Supreme Court Decision 2002Da4580 delivered on April 12, 2002). Therefore, it is possible to divide goods in kind in a formal manner.

Even if the common property cannot be divided equally according to the ratio of shares owned by each co-owner in consideration of the location, area and surrounding road conditions, use value, price, ratio of shares owned by each co-owner, and current status of use and profit-making, the common property shall be divided not by the spot-sale method, but by the spot-sale method.