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1. The sale price shall be the remainder of 595 square meters prior to Ansan-si, which remains after deducting the auction cost from the sale price.
Reasons
1. Facts of recognition;
A. The Plaintiff and Nonparty D owned 1/2 shares each of the Defendant and Nonparty D, respectively, prior to Ansan-si (hereinafter “instant land”). However, on November 10, 2015, the Plaintiff was awarded a bid of D’s shares out of the instant land by public sale on November 17, 2015, and completed the registration of ownership transfer on or around November 17, 2015, the instant land was currently owned by both the Plaintiff and the Defendant, respectively.
B. On the other hand, a farm road is opened for a long time in the middle of the land in this case, and the land in this case is divided by the farm road, and a part partitioned by a farm road is being cultivated as a dry field and a group of surrounding lands, respectively.
【Ground for Recognition: Facts that there is no dispute between the parties or is not clearly disputed, entry of Gap evidence 1 through Gap evidence 4, and the result of on-site inspection and the purport of all pleadings of this court】
2. Determination:
A. According to the above facts of recognition, the Plaintiff and the Defendant shared the instant land, and the agreement on the method of subdivision was not reached. Thus, the Plaintiff may file a claim against the Defendants for the partition of the instant land based on his share of co-ownership, barring special circumstances.
B. Furthermore, with regard to the method of partition of the land in this case, the method of partition in kind can be divided in principle, but if it is impossible to divide in kind or if it is apprehended that the value would be significantly decreased if the partition in kind is made in kind, an auction may be conducted. In light of the facts acknowledged earlier, the land in this case is divided by the current state farming as seen in the facts acknowledged earlier, and each part is cultivated as a group of lands around the surrounding areas, and the land in this case is not unified into rice field and dry field, since it constitutes a case where it is difficult or inappropriate to divide in kind, it shall be put up for auction and proceeds therefrom.