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1. The Plaintiff is the remainder of the amount calculated by deducting the auction cost from the proceeds by selling the answer 895 square meters to the public auction in Young-gun, Chungcheongnam-gun, Chungcheongnam-gun.
Reasons
1. Facts of recognition;
A. The Plaintiff and the Defendant shared 1/2 shares each of the real estate in common with the land area of 895 square meters (hereinafter “instant real estate”).
B. The instant real estate is a farmland, the rearrangement project for agricultural production infrastructure of which has been implemented under the Rearrangement of Agricultural and Fishing Villages Act, and is not partitioned, except where each area exceeds 2,000 square meters after the subdivision pursuant to Article 22(2)3 of the Farmland Act.
C. There is no agreement between the Plaintiff and the Defendant on the method of dividing the instant real estate.
[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, fact-finding results of fact-finding on the Young-gu head of this court, purport of whole pleadings
2. Determination
(a) If the consultation on the method of partition does not lead to an agreement, the co-owners may request the court to divide it, and the court may order the auction of the goods in case where it is impossible to divide it in kind; and
(Article 269 of the Civil Act). (b)
According to the above facts, there is no agreement between the plaintiff and the defendant on the method of dividing the real estate of this case, and due to the regulation of the Farmland Act, it is difficult or inappropriate to divide the real estate of this case in kind.
Therefore, it is fair and reasonable to divide the real estate of this case into the method of payment by auction.
3. In conclusion, it is ordered that the real estate of this case should be sold at auction and the amount remaining after deducting auction costs from the price shall be divided according to the co-ownership of the plaintiff and the defendant, but the cost of lawsuit shall be borne by each party and it is so decided as per Disposition.