1. The Plaintiff: (a) placed the return 2,245 square meters in Jinju-si at an auction and deducts the auction cost from the proceeds of the sale.

1. Facts of recognition;

A. The Plaintiff and the Defendants shared the 2,245 square meters of H 2,245 square meters (hereinafter “instant land”) in proportion to co-owners’ shares in Jinju-si. However, the agreement on partition of co-owned property on the instant real estate was not concluded until the conclusion of the pleadings in the instant case.

B. The instant land is farmland for which the rearrangement project for agricultural production infrastructure has been implemented under the Rearrangement of Agricultural and Fishing Villages Act.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. Determination

A. According to the above facts acknowledged, the Plaintiff, one of the co-owners of the instant land, may claim partition against the Defendants, who are other co-owners, pursuant to the main sentence of Article 268(1) of the Civil Act. In addition, if an agreement as to the method of partition has not been reached, the Plaintiff may claim it to the court pursuant to Article 269(1) of the Civil Act.

However, as seen earlier, the agreement on partition of co-owned property with the Defendants did not lead to an agreement, so the Plaintiff’s claim for partition of co-owned property as to the land in this case has merit.

B. In principle, the partition of co-owned property according to a trial shall be made according to the method of in-kind division as long as it is possible to make a rational partition according to the share of each co-owner. However, even if it is impossible in-kind division or it is possible in-kind, if the price is likely to decrease remarkably due to such act, the auction of the co-owned property shall be ordered to divide the price by the method of price division.

The requirement that a "in-kind can not be divided" 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, and the use value after the division.

"If the division is made in kind, the value may be reduced remarkably."