1.The judgment of the first instance shall be modified as follows:

The answer 3,709m2 shall be put up for auction and the proceeds thereof shall be put up for a 3,709m2.

1. Facts of recognition;

A. The instant land is owned by the Plaintiff at each share of 3,283/46,050, Defendant B 13,220/46,050, and Defendant C at each share of 29,547/46,050.

B. The Plaintiff and the Defendants did not reach an agreement as to the method of partition of co-owned property.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 2, Eul's each entry of evidence No. 1, and the purport of whole pleadings

2. According to the above facts of recognition, the Plaintiff, as a co-owner of the instant land, may claim a partition of the instant land against the Defendants pursuant to Article 269(1) of the Civil Act.

Furthermore, in principle, the partition of co-owned property by judgment shall be divided in kind as long as it is possible to make a reasonable partition according to the share of each co-owner. However, if it is impossible to divide in kind in kind or if it is difficult to divide in kind in kind, the value thereof is considerably reduced, an auction may be ordered to divide in kind. In the payment, 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 status, and use value after the division.

I would like to say.

(2) According to the above evidence, it is reasonable to view that the method of in-kind division is the case where it is difficult or inappropriate to ensure the equitable division among co-owners while maintaining the utility value of the land of this case by using the method of in-kind division (see, e.g., Supreme Court Decision 2002Da4580, Apr. 12, 2002). Thus, it is reasonable to view that the method of in-kind division is the most equitable and reasonable method of division, inasmuch as the form of the land of this case, the possibility of the occurrence of a blind land upon the division according to each co-owner’

Therefore, this case's land is put up for auction and from its price.