1. An auction of the area of 1,144 square meters prior to Busan-gun, Busan-gun, and the remainder after deducting the auction cost from the price shall be attached thereto.

1. Facts of recognition;

A. The land indicated in the Disposition No. 1 (hereinafter “instant land”) was co-owned by Defendant B 3/9 and the remaining Defendants except Defendant B, respectively.

B. On November 6, 2019, Defendant E traded 1/18 of the said 1/9 shares to the Plaintiff, and completed the registration of ownership transfer on November 8, 2019.

(c)

Defendant B filed a lawsuit against Defendant C, D, and E seeking implementation of the registration procedure for the transfer of shares due to inheritance recovery on May 4, 2020, as Busan District Court’s branch court’s 2020 Ghana (207385). On August 27, 2020, the above court implemented the registration procedure for the transfer of shares on May 4, 2020 with respect to the share of 3/153 out of 1/9 shares in the land of this case, as to the share of 1/18 shares, and 3/153 shares out of 1/18 shares, as to the share of 1/18 shares.

The decision of recommending reconciliation was made on September 15, 2020, and the decision of recommending reconciliation became conclusive on September 15, 2020.

(d)

Although the plaintiff, the defendant C, D, and E want to divide the auction, the defendant B does not want to divide the auction.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 3 (including various numbers), and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Plaintiff and the Defendants shared the instant land at the ratio of public land indicated in the separate sheet. Since there was no agreement between the Plaintiff and the Defendants on the division method, barring any special circumstance, the Plaintiff has the right to claim the division of common property with respect to the instant land against the Defendants, barring any special circumstance.

B. As a matter of principle, in-kinds can be divided in kind, or in-kinds can not be divided in kind, or in-kinds can not be divided in kind, or if the value of the article is likely to be significantly reduced, the auction may be ordered to divide the article into money. The requirement is that “it is impossible to divide the article into money in kind” in the payment division.