1. The Plaintiff shall sell 428 square meters prior to H in Yangsan-si to an auction and the remainder which remains after deducting the auction cost from the proceeds of the sale.

1. Basic facts

A. As to the share of 17/18 out of the land indicated in the text, the registration of ownership in the name of the Plaintiff was completed for the share of 17/18, and the remaining 1/18 shares in the name of the Plaintiff.

B. On June 14, 2007, I died. Accordingly, I succeeded to the shares of Defendant B in proportion to 3/13 shares, Defendant C, D, E, F, and G in proportion to 2/13 shares. Accordingly, Defendant B has 3/234 shares, and the remaining Defendants hold 2/234 shares, respectively.

C. The Plaintiff and the Defendants did not reach an agreement on the method of dividing the land in question, and some Defendant is missing and thus it is impossible to reach an agreement.

【Ground for Recognition: Evidence Nos. 1 through 3, the purport of the whole pleadings】

2. Determination

A. Since the consultation on the method of partition of the above land did not have been constituted, one of the co-owners can file a claim for partition of co-owned property in a lawsuit.

B. Regarding the method of division

In principle, partition of co-owned property by a judgment may be divided in kind as far as it is possible to make a reasonable partition according to the share of each co-owner, or if it is impossible to divide in kind in kind, the co-owned property may be auctioned and the price therefor may

The requirement that "the installment can not be divided in kind" includes cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, use status, and use value after the division, etc. of the article jointly owned.

(2) In light of various circumstances, the land in this case is difficult or difficult to divide in kind, considering the following circumstances, such as (i) the area of the land in this case; (ii) the ratio of shares held by Defendants; and (iii) Defendant E, despite the fact that the land in this case was partially different from the land in this case; and (iv) the land in this case was partially adjacent to the land in this case, the court has already rendered a judgment of auction division.