1. The amount remaining after deducting the auction expense from the price shall be attached to the auction sale of Nam-gu Incheon Metropolitan City C Dae-gu, 761m2.1m2.

1. The Plaintiff and the Defendant (including the litigation co-owners; hereinafter the same shall apply) are co-owners who own each co-ownership share listed in the separate sheet No. 2 attached hereto (hereinafter “instant land”).

On the other hand, no agreement was reached between the Plaintiff and the Defendants on the method of dividing the land of this case until the date of closing the argument.

[Reasons for Recognition] Facts without dispute, entries in Gap evidence 1 to 21 (including each number), the purport of the whole pleadings

2. Determination on the cause of the claim

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

B. The partition of co-owned property, based on the decision on the method of partition, shall be made by the method of in-kind division, in principle, insofar as the co-owners can make a rational partition according to their shares. However, even if it is impossible in kind or if the price might be reduced remarkably as a result, the auction of the co-owned property should be ordered, and if the price might be reduced remarkably, the sale of the co-owned property shall not be divided in kind. However, the requirement that "in the payment division, it shall not be divided in kind" should not be interpreted physically strictly. It includes cases where it is difficult or inappropriate to divide the co-owned property in kind in light of the nature, location, area, use situation, use value after the division

In addition, the phrase "if the value of the portion is to be reduced remarkably if it is divided in kind" also includes a co-owner's cases where the value of the portion to be owned by the sole owner is likely to be reduced significantly than the value of the share before the division.

Therefore, it is possible to divide in kind formally.

Even the location, area, and surrounding road condition, use value of the article jointly owned.