1. The plaintiff shall sell the total area of 2,390 square meters in Hongcheon-gun E to an auction and deduct the auction cost from the price.

The Plaintiff, Defendant C, and D share 2/9 shares, and Defendant B share 3/9 shares, respectively, in Hongcheon-gun E (hereinafter “instant land”).

(C) The Plaintiff, a co-owner of the instant land, may file a claim for the partition of the instant land with the Defendants, who are other co-owners, pursuant to Article 269(1) of the Civil Act.

We examine the method of partition of co-owned property.

Considering the following circumstances that can be recognized by comprehensively taking account of evidence Nos. 1 and 3 and the purport of the entire pleadings, namely, the Plaintiff filed the instant lawsuit at the time of demanding the division of the land by means of distributing the proceeds from sale through auction, and Defendant B and C do not express any intent as to the method of partition of co-owned property, it is reasonable to divide the instant land into money in kind, and to make it difficult or inappropriate to divide it into money in kind.

Therefore, it is so decided as per Disposition by the assent of all participating Justices on the bench that the remaining amount of the land of this case, which was put up for auction and deducted from the auction cost, shall be distributed to the plaintiff and the defendants