1. An auction of the area of 670m2 in Busan-gun, Busan-gun, and the remainder which remains after deducting the auction expenses from the price shall be attached Table.

1. The Plaintiff and the Defendants shared the real estate stated in the text (hereinafter “instant real estate”) at the share ratio as shown in the attached Table. There was no agreement between the Plaintiff and the Defendants regarding the method of dividing the instant real estate.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the facts of recognition as above, the Plaintiff, a co-owner of the pertinent real estate, may request the Defendants, other co-owners, to divide the jointly owned property pursuant to Articles 268(1) and 269(1) of the Civil Act.

B. 1) In the case of dividing the jointly-owned property by a trial, if it is impossible to divide it in kind or if it is possible to divide it in kind as a result of the division into money, the auction of the article may be ordered and the price of the article may not be divided in kind. The requirement is not physically strict interpretation. The requirement includes cases where it is difficult or inappropriate to divide the article in kind in kind in light of the nature, location, area, utilization situation, use value after the division, etc. of the jointly-owned property, and the requirement includes cases where it is difficult or inappropriate to divide it in kind, and "the value of the article may be significantly reduced if it is divided in kind," even if it is a person of the co-owner, it includes cases where the value of the article to be owned independently by the division in kind might be significantly reduced compared to the share value before the division.

2) In full view of the overall purport of the records and changes in the instant case, the Defendants are against the Plaintiff’s purchase of 141.7875 square meters away from the Defendant in order to reach the auction division method for the instant real estate, or the size of 200 square meters, which is the size of the partition restriction under the National Land Planning and Utilization Act and the Building Act, and the Enforcement Decree of the Building Act, and seek for in-kind division.