1. The amount of money remaining after selling 253 square meters of forests and fields in Gyeonggi-gu to auction at auction, which remains after deducting the auction expenses from the proceeds;

1. Facts of recognition;

A. Of the instant land, 231/253 shares are owned by the Plaintiff, and 22/253 shares out of the instant land are owned by the Defendant.

B. The Plaintiff filed the instant lawsuit seeking the division of the instant land, since there was no agreement between the Plaintiff and the Defendant on the division of the instant land.

C. Land division may be limited in cases where the area of land to be divided is less than 60 square meters as a planned control area pursuant to Article 22(1)2 of the Gyeyang-gun Urban Planning Ordinance, which is a planned control area.

[Ground of recognition] Gap evidence Nos. 1-1, Gap evidence Nos. 3, 4, and 5, and the fact-finding results of this court's fact-finding, the purport of the whole pleadings

2. Determination

A. In full view of the facts acknowledged as above, the Plaintiff is the co-owner of the instant land, and there is no agreement as to the division of co-owned property with the Defendant, who is another co-owner. Thus, the Plaintiff may claim the partition of the instant

B. As a matter of principle, division of the co-owned property by judgment on the method of partition of co-owned property shall be made in kind so that each co-owner can make a rational partition according to his/her share. However, the requirement that “it cannot be divided in kind” in the payment division is not physically strict interpretation, but physically strict. It includes cases where it is difficult or inappropriate to divide the co-owned property in kind in light of the nature, location, size, use situation, use value after the division

(2) In light of the above legal principles, it is difficult to divide the land of this case into the auction and divide the land of this case into the auction and the sale price of this case into the sale price of this case. In light of the above legal principles, it is reasonable to divide the land of this case into the auction and the sale price of this case into the auction and the sale price of this case.

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