1. The E-mail, Gyeong-gun, Chungcheongnam-dong, Chungcheongnam-gun, and the remainder after deducting the auction cost from the proceeds of the sale.

1. Basic facts

A. Co-ownership is jointly owned by the Plaintiff (Appointed Party) and the designated parties (hereinafter referred to as “Plaintiff” without distinguishing the designated parties from the designated parties”) and the Defendants according to their shares of shares by co-owner listed in the attached Table 2.

B. Until the closing date of the instant argument, such as the division consultation, the Plaintiffs and the Defendants did not reach an agreement on the division method of the instant land, and there is no division prohibition agreement on the instant land.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 and 2 (including paper numbers), all purport of pleadings]

2. The assertion and judgment

A. According to the above facts acknowledged as above, the plaintiffs, co-owners of the land of this case, may claim the partition of the land of this case against the defendants, other co-owners.

(b) If the co-owned property is divided by a judgment on the method of partition of co-owned property, in principle, by dividing it in kind, or in kind, or if it is impossible to divide it in kind or if the value thereof is apprehended to decrease remarkably, an auction of the co-owned property may be ordered to be paid in installments;

Here, the requirement of "undivided in kind" includes cases where it is physically impossible to divide the article in kind, as well as cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, current use, value of use after the division.

In addition, the phrase “where the value of the land is likely to be significantly reduced if it is divided in kind” includes cases where, even if a person is a co-owner, the value of the portion to be owned by himself/herself is likely to be significantly reduced compared to the share value in the ownership before the division (Supreme Court Decision 2013Da56297 Decided December 10, 2015). The above fact of recognition is as follows: (a) the land category of the instant land is a return, the area of which is 489 square meters.