1. Each real estate listed in the separate sheet shall be put to an auction for the same money as the remainder after deducting the auction cost.

1. In fact, each real estate listed in the separate sheet (hereinafter “each real estate of this case”) is owned by the Plaintiff and the Defendants according to each share ratio indicated in the same list.

② The Plaintiff and the Defendants did not reach an agreement on the method of dividing each of the instant real estate until the closing date of the argument.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number), the purport of the whole pleadings

2. Determination

A. According to the facts of the above recognition that the Plaintiff and the Defendants shared each of the instant real property, and the parties did not reach an agreement on the division method, the Plaintiff may claim the division of each of the instant real property in accordance with Article 269(1) of the Civil Act.

B. As a matter of principle, the method of partition of co-owned property by a trial on the method of partition of co-owned property shall be divided in kind as far as it is possible to make a reasonable partition according to the share of each co-owner. However, if it is impossible to divide in kind or in kind or if it is anticipated that the value would be significantly reduced, an auction may be ordered to divide in kind. In the payment, the requirement that “it is not possible to divide in kind” is not physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide in kind in light of the nature, location, area, use situation, and use value after the division.

(1) Article 56(1)4 of the National Land Planning and Utilization Act, and Article 51(1)5(b) of the Enforcement Decree of the same Act stipulate that the scope of the permission for the development of a parcel of land below the size subject to partition-restricted under Article 57(1) of the Building Act is subject to the permission for the development of a parcel of land. Article 57(1) of the Building Act and Article 80 of the Enforcement Decree of the same Act provide that the area subject to partition-restricted under Article 57(1) of the same Act and Article 57(1) of the same Act exist.