1. The public auction of the Jung-gu Incheon, Jung-gu and the above ground brick and 22.8 square meters, and the 26.45 square meters and the 26.45 square meters and the 26.45 square meters and the 2nd apap business place.

1. Facts of recognition;

A. The Plaintiff and the Defendant shared the Plaintiff 8/9 and Defendant 1/9, respectively, with the 22.8 square meters in Jung-gu, Incheon and the above ground brick and the apap 22.45 square meters in the business place of 1st 26.45 square meters in 2nd 2nd 2nd 2nd 2nd 2.45 square meters in proportion to Plaintiff 8/9 and 1/9

B. The Plaintiff and the Defendant did not reach an agreement on the division of the instant real estate jointly owned until now.

[Ground for Recognition: Facts without dispute, Gap evidence 1, and evidence 2, the purport of the whole pleadings]

2. Co-owners who have created the right to claim partition of co-owned property may file a claim for partition of the co-owned property (main sentence of Article 268 (1) of the Civil Act), and if consultation as to the method of partition of the co-owned property has not been formed, the claim for partition may be filed with the court, and if it is impossible to divide in kind or the value thereof might be reduced remarkably due to

(Article 269 of the Civil Act). Accordingly, the Plaintiff, a co-owner, may request the Defendant, who is another co-owner, to divide the instant real estate.

3. Method of partition of co-owned property;

A. In principle, partition of co-owned property by judgment shall be made in kind as long as a rational partition can be made according to the share of each co-owner, but if it is impossible to divide in kind or even if it is possible in form, if the price might be reduced remarkably due to such cause, it shall be made by the so-called "sale of price" method to divide the price by ordering an auction of the co-owned property.

The requirement that "shall not be divided in kind" is not physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide the property in kind in light of the nature, location, area, use status, commercial value after the division, etc. of the property jointly owned in light of the nature, location, use status, commercial value after the division.

B. (See, e.g., Supreme Court Decision 2002Da4580, Apr. 12, 2002).

As to the instant case, the foregoing facts and arguments are presented as follows.