1. The amount remaining after the amount of the auction cost is deducted from the proceeds of the auction by selling the 906m2m2 in Busan-gun, Cheongnam-do.

1. Facts of recognition;

A. On November 25, 2003, the registration of ownership transfer for one-half shares of the Defendant and D, respectively, was completed on November 25, 2003, with respect to the entire D shares (1/2) on December 5, 2018, the registration of ownership transfer was completed on the ground of public sale in the Plaintiff’s future.

B. The plaintiff sought a partition of the article jointly owned by auction and filed the lawsuit of this case, and the defendant wishes to divide the article in kind.

C. On the other hand, the land of this case was completed on May 31, 2001.

[Ground of recognition] The entry of Gap evidence No. 3 and the purport of the whole argument

2. Determination

A. According to the above recognition of the existence of the right of partition, inasmuch as an agreement on the method of partition between the Plaintiff and the Defendant, a co-owner of the instant land, has not been reached, the Plaintiff may file a claim against the Defendant for partition of the instant land pursuant to Article 269(1) of the

(b) In the case of dividing the jointly-owned property by a judgment on the method of partition, in principle, by dividing it in kind, or by dividing it in kind or by dividing it in kind, if the value thereof is apprehended to be significantly reduced, the auction of the jointly-owned property may be ordered to be paid in installments;

Here, the requirement includes cases where it is physically impossible to divide the property in kind, as well as cases where it is difficult or inappropriate to divide the property in kind in light of the nature, location, area, use status, value of use after the division, etc.

(See Supreme Court Decision 2009Da40219 Decided September 10, 2009). The land in this case constitutes farmland for which an agricultural infrastructure improvement project was implemented pursuant to Article 2 subparag. 5 (b) of the Rearrangement of Agricultural and Fishing Villages Act as the land for which land rearrangement has been completed, and where the area of each parcel after subdivision does not exceed 2,00 square meters pursuant to Article 22(2)3 of the Farmland Act, the farmland for which an agricultural infrastructure improvement project was implemented shall be divided.