1. The plaintiff shall sell each land listed in the separate sheet to an auction and deduct the auction cost from the price.

1. Facts of recognition;

A. The Plaintiff and the Defendants share each land listed in the separate sheet (hereinafter “instant land”) in proportion to 2/3 of the Plaintiff, Defendant C, D, E, and F, respectively, and 1/3 of the Defendants B and G, and 5/3 of the Defendants H45.

B. The Plaintiff and the Defendants did not reach an agreement on the method of dividing the land of this case until the closing date of the instant argument.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

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

B. Division of the method of partition of co-owned property may be decided at will if the co-owners reach an agreement, but if the co-owners divide the co-owned property through a trial because they did not reach agreement, the court shall divide it in kind in principle. If it is impossible to divide it in kind or it is possible to divide it in kind, the court may order the auction of the property only when the value might be reduced remarkably.

In light of the land utilization plan concerning the land of this case, the size of the land of this case, the building-to-land ratio stipulated in the construction-related Acts and subordinate statutes, and the minimum separation distance with neighboring land, etc., which can be seen by comprehensively considering the overall purport of the pleadings, as seen earlier, the possibility of dividing the land of this case in kind is unclear until the closing date of the argument of this case, and the value of the land of this case may be significantly decreased even if the division is possible.

Therefore, the instant land constitutes a case where it is difficult or inappropriate to divide it in kind between the Plaintiff and the Defendants, and thus, it was sold to auction and the Plaintiff.