1. The real estate listed in the annex 1 list shall be put to an auction and the remainder after deducting the costs of the auction from the proceeds of sale shall be attached.

Facts of recognition

J, K, Defendant E, F, and G completed the registration of ownership transfer with respect to 1/5 of their respective shares in the land listed in the separate sheet on October 20, 1989 (hereinafter “instant land”).

The J died on May 6, 2013, and Defendant D and I, his spouse, succeeded to the property of J.

On April 14, 2016, Plaintiffs and L acquired the said shares in the public sale procedure conducted with respect to F’s share 1/5 of the instant land.

The Plaintiffs were transferred from L on June 24, 2016 1/60 of shares in the instant land respectively.

On February 1, 2018, Defendant D, H, and I purchased all shares in the auction procedure by the acceptance participant corporation (hereinafter “acquisition participant”).

Currently, the proportion of co-ownership shares in the land of this case is as shown in attached Form 2.

The Plaintiffs, the Defendants, and the Intervenor did not reach an agreement on the division of the instant land.

(Reasons for recognition) Facts without dispute, entry of Gap evidence 1, purport of whole pleadings.

Judgment

According to the facts of recognition as above, the Plaintiffs, co-owners of the land of this case, may claim the partition of the land of this case against the Defendants, other co-owners, and the Intervenor.

In the case of dividing the jointly-owned property by the judgment of the method of partition, the court shall, in principle, divide the jointly-owned property in kind and may order the auction of the property only when the value of the property is likely to be significantly reduced if it is impossible to divide it in kind or it is possible to divide it in kind

In addition, the requirement of "not to be divided in kind" does not physically strictly interpret it, but it includes cases where it is difficult or inappropriate to divide it in kind in light of the nature, location, area, utilization status, and use value after the division, etc. of the common property, and it also includes cases where it is difficult or inappropriate to divide it in kind, and the value thereof might be reduced remarkably if it is divided in kind."