1. The amount of F.O. F. F. 4,406 square meters sold at auction and the amount remaining after deducting the auction cost from the price shall be attached thereto.

1. In light of the purport of the entire pleadings in the statement No. 1 as to the claim for partition of co-owned property, it is recognized that the Plaintiff, the Defendants shared in their respective shares on the co-owner and share indication in the separate sheet, and that the land in this case is farmland for which light rearrangement has been completed in accordance with the Rearrangement of Agricultural and Fishing Villages Act, and that there was no agreement on the division of the land in this case between the Plaintiff and the Defendants.

The Plaintiff, a co-owner of the instant land, may claim the division against the Defendants, who are other co-owners, pursuant to Article 269(1) of the Civil Act.

2. Division of the method of partition of co-owned property can be selected at will if the co-owners reach an agreement, but if the co-owners divide the jointly-owned property through a trial due to the failure to reach an agreement, it is in principle divided in kind. If it is impossible to divide it in kind or if it is possible to divide it in kind in kind, if the value might be reduced remarkably, an auction shall be ordered to divide it.

According to Article 22 (2) of the Farmland Act, a minor designation rate constitutes an agricultural infrastructure improvement project prescribed in subparagraph 5 of Article 2 of the Rearrangement of Agricultural and Fishing Villages Act, and a farmland for which an agricultural infrastructure improvement project is implemented under the Rearrangement of Agricultural and Fishing Villages Act shall not be divided, unless there are other special reasons prescribed in the same Article, if the area of each parcel after division does not exceed 2,00 square meters.

According to the above facts, the land of this case constitutes farmland where the agricultural infrastructure development and expansion project of the farmland of this case was implemented, and there is no other special reason as stipulated in the above provision. Thus, five co-owners of this case cannot divide the land of this case, the area of which is 4,406 square meters in kind. Thus, it is ordered to order the sale of the land of this case by auction and the division of price.