1. The amount remaining after the amount of G 3096 square meters sold at auction in Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, and the auction cost is deducted from the price.

1. Basic facts

A. The Plaintiff and the Defendants shared Plaintiff 52/124 shares, Defendant B 19/124 shares, D19/124 shares, E27/124 shares, and F7/124 shares, respectively.

B. The Plaintiff and the Defendants did not reach an agreement on the division of the instant land.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. Determination

A. According to the above facts of recognition, the Plaintiff, a co-owner of the instant land, and the Defendants, did not reach agreement on the method of partition of the instant real estate, and thus, the Plaintiff, as co-owner of the instant land, may file a claim for partition of the instant land against the Defendants, a co-owner, who

B. In principle, partition of co-owned property according to a judgment on the method of partition of co-owned property shall be made in kind as long as a rational partition can be made according to the shares of each co-owner, but if it is impossible to divide in kind or it is possible in form, if the price might be reduced remarkably due to such possibility, the auction of the co-owned property shall be ordered to divide the price by the method of payment division.

The requirement that a "in-kind can not be divided" in the price division is not a 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, utilization status, use value after the division, etc. of the common property.

Although it is formally possible to divide in kind.

Even if the common property cannot be divided equally according to the ratio of shares owned by each co-owner in consideration of the location, area and surrounding road conditions, use value, price, ratio of shares owned by each co-owner, and current status of use and profit-making, the common property shall be divided not by the spot-sale method, but by the spot-sale method.