1. The amount remaining after the amount of 1,442 square meters in response to the wife population D is put to an auction and the auction cost is deducted from the price.

1. Basic facts

A. The Plaintiff and the Defendants shared the land of this case (hereinafter “instant land”) with the same share as that indicated in the share sheet by co-owners (attached Form 2).

B. The Plaintiff and the Defendants did not reach an agreement on the division of the instant land.

[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 and the Defendants, co-owners of each of the lands of this case, did not reach agreement on the method of partition of each of the lands of this case. Thus, the Plaintiff, as co-owners of each of the lands of this case, may claim the partition of each of the lands of this case against the Defendants, who are co-owners

B. In principle, partition of co-owned property by one trial on the method of partition shall be made in kind as long as a rational partition can be made according to the share of each co-owner. However, if it is impossible to divide in kind or it is possible in form, if the price might be reduced remarkably due to such possibility, the auction of the co-owned property shall be ordered, and the price shall be divided by the so-called price division.

The requirement that a "in-kind can not be divided" in the price division is not a physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide the property in kind in light of the nature, location, area, utilization status, use value after the division, etc. of the common property.

Although it is formally possible to divide in kind.

Even if the common property cannot be divided equally according to the ratio of shares owned by each co-owner in consideration of the location, area and surrounding road conditions, use value, price, ratio of shares owned by each co-owner, and current status of use and profit-making, the common property shall be divided not by the spot-sale method, but by the spot-sale method.