1. The sales price shall be the remainder after the amount of 1,002 square meters of D miscellaneous land is put to an auction and the auction cost is deducted from the sales price.

The Plaintiff owns 35,232/62,766 shares as to D Miscellaneous land No. 1,002 square meters (hereinafter “instant land”), Defendant B’s 12,657/62,76 shares, Defendant C’s 14,87/62,76 shares, and Defendant C’s 14,87/62, and76 shares. The fact that the agreement on the method of partition of the instant land between the Plaintiff and the Defendants was not reached by the closing date of pleadings does not conflict between the parties, or that the agreement on the method of partition of the instant land was not reached between the Plaintiff and the Defendants, based on the overall purport of entry and pleading No. 1 and 2

According to the above facts, the Plaintiff, a co-owner of the land of this case, may request the Defendants, other co-owners, to divide the land of this case pursuant to Article 269(1) of the Civil Act.

In the case of dividing the jointly-owned property through a judgment on the method of partition of co-owned property, if it is impossible to divide it in kind or if it is possible to divide it in kind in kind, the auction of the property may be ordered, and the "undivided in kind" requirement shall not be physically strictly interpreted, but it shall include cases where it is difficult or inappropriate to divide it in kind in light of the nature, location, area, use situation, use value after the division, etc. of the jointly-owned property in question.

(See Supreme Court Decision 2009Da40219, 40226 Decided September 10, 2009, etc.). The following circumstances acknowledged by the overall purport of the evidence and arguments mentioned above are as follows: (a) the Plaintiff wishes to sell the land of this case by auction and divide the price thereof; (b) the Defendant C does not raise any objection; (c) the Defendant B wants to divide the land of this case; and (d) the Defendant B did not present any opinion as to the appropriate method of in-kind division; (c) a number of registrations of seizure have been completed for the shares of the Defendants; (d) even if the Plaintiff and the Defendants divide the land in kind corresponding to each share, the above seizure registration is after the division.