1. The remainder of the amount calculated by deducting the auction cost from the proceeds by selling the answer 2,438 square meters to the public auction of the wife population E in Chungcheongnam-si.

1. In full view of the entries in evidence No. 1 and the purport of the entire pleadings as to the claim for partition of co-owned property, the land indicated in the order (hereinafter “instant land”) is jointly owned by the Plaintiff with shares in the Plaintiff 712.5/2,438, Defendant B, and Defendant D with shares in 712.5/2,438, and Defendant D’s 1013/2,438, and it is recognized that no agreement has been reached between the Plaintiff and the Defendants on the method of partition of the instant land, which is a co-owner of the instant land, by the date of closing argument. As such, the Plaintiff, a co-owner of the instant land, may file a claim for partition of the instant land

2. Method of partition of co-owned property;

A. As a matter of principle, the division of an article jointly owned by a trial is to be made in kind as long as it is possible to make a reasonable division according to the share of each co-owner. However, if it is impossible to divide the article in kind in kind or if the value of the article is likely to decrease substantially, an auction may be made in installments. Here, the term "in the case of an article unable to 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, use value after the division, etc. of the article in question, and it includes cases where the division in kind is difficult or inappropriate in light of the nature of the article in question, location, use status, and use value after the division.

(See Supreme Court Decision 91Da27228 delivered on November 12, 1991, and Supreme Court Decision 2002Da4580 delivered on April 12, 2002, etc.) B.

In the case of the land of this case, the right to collateral security was established, which is the basis of each maximum debt amount of 52 million won against the Plaintiff and Defendant B’s respective share (Evidence A1). If the land was divided in kind, the said right to collateral security will be the sole ownership of Defendant D.