1. The Plaintiff shall sell the 4,129 square meters prior to C at an auction at the time of Jinjin-si, and the remainder after deducting the auction cost from the price.

1. The Plaintiff and the Defendant shared 1/2 shares of 4,129 square meters (hereinafter “instant land”) prior to Jinjin-si, as one-half shares. There is no partition prohibition agreement between the Plaintiff and the Defendant on the instant land, and no agreement was reached between the Plaintiff and the Defendant on the division method of the instant land until the date of closing the argument in the instant case.

[Ground of recognition] Unsatisfy, Gap evidence 1-1, the purport of the whole pleadings

2. Determination:

A. According to the facts acknowledged as above, the Plaintiff, a co-owner of the land of this case, may claim a partition of co-owned property against the Defendant, who is another co-owner pursuant to Article 269(1) of the Civil Act.

B. In principle, the partition of co-owned property by trial is made in kind as long as a reasonable partition can be made according to the share of each co-owner. However, even if it is impossible in kind or it is possible in form, if the value might be significantly reduced, the sale of the co-owned property may be made by the so-called payment method, such as ordering the auction of the co-owned property, but the price may not be divided in kind. In the payment division, the requirement is not physically strict interpretation. It includes cases where it is difficult or inappropriate to divide the co-owned property in kind in light of the nature, location or size of the co-owned property, use situation, use value after the division, etc.

(2) In the case of a co-owner's in-kind, "if the value of the property is likely to be reduced significantly if the property is divided in kind" also includes the case where the value of the property to be owned independently by the co-owner is likely to be reduced significantly than the value of the property before the division.

(2) In light of the following circumstances, the land of this case is put up for auction: (a) considering the overall purport of the arguments adopted earlier, the entire purport of the arguments adopted earlier is comprehensively taken into account: (b) the following circumstances are considered.