1. The amount of each land listed in the separate sheet 1 remains after deducting the auction expenses from the proceeds thereof;

1. The facts that the Plaintiff and the Defendants shared each land listed in the separate sheet No. 1 (hereinafter “each landowner of this case”) according to their respective shares in the separate sheet No. 2 does not conflict between the parties.

2. Judgment on the claim for partition of co-owned property

A. According to the facts acknowledged above, the Plaintiff and the Defendants shared each of the instant land, so the Plaintiff may file a claim for partition against the Defendants, who are other co-owners, pursuant to Articles 268 and 269 of the Civil Act.

B. As a matter of principle, division of co-owned property in kind can be conducted in a reasonable partition according to each co-owner's share. However, in cases where it is difficult or inappropriate to divide the co-owned property in kind in light of the nature of the co-owned property, location or size, use situation, use value after the division, etc., the requirement of "it may not be divided in kind" is not physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide the co-owned property in kind in light of the nature of the co-owned property, location, area, use condition, and use value after the division, etc. (see, e.g., Supreme Court Decision 2002Da4580, Apr. 12, 2002). In this case, the plaintiff asserted that the co-owned share in multiple parcels in kind, on the premise that the efficiency thereof would decrease if the ownership shares in the lots are sold by lots, the combination of the land and the building on the ground that he/she separately owns, and to enhance the efficiency of the claim for the division in kind.

However, the following circumstances, i.e., the Plaintiff with respect to each land of this case, when adding up the whole purport of the pleadings to the items as evidence Nos. 1-1 to 4, 2-3, 7-1 through 4, and 7-1 to the items as evidence Nos. 1-2, i.e., the Plaintiff.