1. The land listed in the attached list is put to an auction for the remaining money after deducting the expenses for the auction from the proceeds of sale;

1. Facts of recognition;

A. On January 5, 2004, the Defendant: (a) filed a registration of ownership transfer for part 1/4 of equity interest in the land listed in the separate sheet (hereinafter “instant land”); and (b) on October 14, 2014 for part 1/4 of other equity interest in the said land; and (c) owned one-half of equity interest in the said land as of the closing date of pleadings.

On February 17, 2017, the Plaintiff completed the registration of ownership transfer on part 1/2 of the instant land.

B. The instant land was included in the “an urban development project in the Yangyang District B,” and the executor of the said urban development project designated the said land as the land substitution land for the said land.

C. Until the closure of the pleadings of the instant case, consultation on the method of dividing common property between the Plaintiff and the Defendant, a co-owner of the instant land, did not lead to agreement.

[Reasons for Recognition] Gap evidence Nos. 1, 2, 3, 5 through 10, Eul evidence Nos. 1 and the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the above facts of recognition, the plaintiff did not reach an agreement on the method of partition among co-owners of the land of this case. Thus, the plaintiff may seek a partition of co-owned property against the defendant pursuant to Article 269(1) of the Civil Act. 2) The defendant asserts to the purport that the land of this case cannot be divided since the land of this case was designated as reserved land for replotting.

Where reserved land for replotting is designated for land within a land readjustment project zone, the previous land owner shall have the right to use and benefit from the reserved land for replotting from the effective date of the land substitution project to the time of the public announcement of the land substitution disposition, and it does not acquire the ownership of the reserved land for replotting itself. Thus, a claim for partition of co-owned property as to reserved land for replotting, which is not the previous land, cannot be filed, and the previous