1. C/C 2982m2.3m2 shall be put to an auction and the auction proceeds shall be 13/10 of the remainder after deducting the auction costs from the proceeds.

1. Facts of recognition;

A. The instant land is owned by the Plaintiff as farmland for which an agricultural production infrastructure improvement project under the Rearrangement of Agricultural and Fishing Villages Act was implemented and the Plaintiff shares 11/13 and the Defendant shares 2/13.

B. The Plaintiff and the Defendant did not reach an agreement on the method of dividing the instant land, and there is no special agreement prohibiting the division.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 or 1, the purport of whole pleadings

2. Determination

A. According to the above facts, one of co-owners may claim a partition of the land of this case against the defendant based on his co-ownership.

B. In accordance with Article 22(2) of the Farmland Act, farmland, such as the instant land, for which an agricultural infrastructure improvement project under the Rearrangement of Agricultural and Fishing Villages Act has been implemented, may not be divided in kind except for “the area of each parcel after division exceeds 2,000 square meters.”

However, the instant land cannot be divided into more than 2,00 square meters of each parcel after the division according to the ratio of shares between the Plaintiff and the Defendant, and thus, it cannot be divided in kind.

Therefore, since the land of this case is not appropriate by the method of in-kind division, it is reasonable to sell the remaining amount after deducting auction expenses from the proceeds by selling it at auction, according to the share ratio of the plaintiff and the defendant.