1. The Plaintiff shall sell 351 square meters prior to Taecheon-si to an auction and deduct the auction expenses from the proceeds.

1. Facts of recognition;

A. On January 27, 2014, the Plaintiff completed the registration of ownership transfer with respect to 192/357 shares out of the instant real estate, and the Defendant completed the registration of ownership transfer with respect to 165/357 shares out of the instant real estate on February 5, 2010.

B. The Plaintiff and the Defendant did not reach an agreement on the method of dividing the instant real estate until the closing date of the instant argument.

[Ground of recognition] Unsatisfy, Gap evidence 1-1, the purport of the whole pleadings

2. Determination

A. According to the above facts acknowledged as above, the plaintiff and the defendant, co-owner of the real estate of this case, did not reach agreement on the method of partition. Thus, the plaintiff can file a claim for partition of the real estate of this case with the court.

B. As to the detailed method of partition, the partition of co-owned property through consultation is conducted in the area where the principle of private autonomy and freedom of contract is controlled, the parties may freely choose the method of partition through consultation.

On the other hand, in case of partition of co-owned property by judgment, it shall be divided in kind in principle, but if it is impossible to divide in kind or the value thereof is likely to decrease remarkably, the court may order an auction of goods.

Here, the requirement does not physically strictly interpret it, but includes cases where it is difficult or inappropriate to divide the property in kind in light of the nature, location, area, use status, and use value after the division, etc. of the article jointly owned.

(see, e.g., Supreme Court Decision 2009Da40219, 40226, Sept. 10, 2009). According to the descriptions or images of Gap evidence 1 through 8, Eul evidence 3, and Eul evidence 4, among the real estate in this case, there is a building owned by the defendant on the ground (73.92 square meters on the land) in the attached Form (A) among the real estate in this case, and the defendant is about the method of spot division according to the attached Form.