1. The remainder of each land listed in the separate sheet, which is referred to an auction and deducts the auction expenses from the price;

1. Facts of recognition;

A. As to each land listed in the separate sheet, the Plaintiff owns 2/11, 3/11, 4/11 for Defendant C, and 2/11 for Defendant D’s co-ownership.

B. On September 5, 2019, the Daegu District Court 2019Kadan35012 decision on provisional seizure on the Plaintiff’s share among the lands listed in the separate sheet was registered as grounds for registration.

C. Until the date of the closing of the instant argument, consultation on the method of partition of each land listed in the separate sheet was not reached.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the facts of recognition as above, the Plaintiff, a co-owner of each land listed in the separate sheet, may file a claim against the Defendants, other co-owners, for partition of each land listed in the separate sheet pursuant to Article 269(1) of the Civil Act.

B. A method of partition of co-owned property can be divided in kind in a case of dividing the co-owned property through a trial. If the value of the co-owned property is unable to be divided in kind or is likely to be significantly reduced in kind, an auction of the co-owned property may be ordered. Here, the requirement includes cases where it is physically impossible to divide the co-owned property, and where it is difficult or inappropriate to divide the property in kind in light of the nature, location, size, use status, use value after the division, etc. of the co-owned property. Further, the requirement includes cases where it is difficult or inappropriate to divide the property in kind even if the co-owner might remarkably decrease in its value in kind (see, e.g., Supreme Court Decisions 92Da30603, Jan. 19, 1993; 92Da30603, Dec. 10, 2015).