1.Paragraphs 2 and 3 of the judgment of the first instance shall be amended as follows:

It shall be put up for auction the area of 15 square meters prior to E in Namyang-si.

1. The Plaintiff filed a partition of co-owned property by auction division with respect to D road 138 square meters and 15 square meters prior to E in Yangyang-si, Nam-si. The court of first instance ordered an auction division with respect to the above D road 138 square meters, and ordered a partition in kind with respect to the above E-road 15 square meters prior to E.

As to this, the Plaintiff and Defendant B appealed only on the part of the claim for subdivision of 15 square meters prior to the above E (hereinafter “instant land”), the subject of adjudication in this Court is limited to the above claim portion.

2. The grounds for the court’s explanation on this part of the facts and the parties’ assertion are the same as the reasons for the judgment of the court of first instance, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. The method of partition of the co-owned property by judgment is to follow the so-called method of payment by ordering an auction of the co-owned property if the price might be reduced remarkably if the co-owned property cannot be divided in kind or in kind, or if the price would be reduced remarkably if the co-owned property is divided in kind.

Here, "The price is significantly reduced due to the in-kind division" includes not only the case where the exchange value of the whole co-owned property is significantly reduced due to the in-kind division but also the case where the value of the part to be owned independently due to the in-kind division is significantly reduced compared to the share value in the co-owners before the partition of co-owned property.

Therefore, even if it is possible to divide in kind formally, if it is not possible to divide in kind according to the ratio of shares owned by each co-owner, it shall not be done in kind, but by the method of payment in kind, considering the location, area, surrounding roads, use value, price, proportion of shares owned by co-owner, and current status of use and profit-making.