1. The remaining amount which remains after deducting the auction costs from the proceeds of the sale by selling the real estate listed in the annex 1 list; and

1. Basic facts

A. With respect to the real estate listed in the separate sheet No. 1 (hereinafter “instant land”), the Defendants and D acquired each of 1/3 shares on February 6, 1973 on the ground of “sale on January 20, 1973,” and the Plaintiff acquired the said D shares on the ground of “sale by compulsory auction on November 27, 2017,” through an agricultural company ABan Co., Ltd.

B. Meanwhile, there was no agreement between the Plaintiff and the Defendants on the prohibition of partition of co-owned property as to the land of this case, and there was no agreement on the method of partition.

[Ground of recognition] Unsatisfy, Gap evidence 1 and 2

2. Determination

A. According to the above facts acknowledged, the plaintiff, as co-owner of the land of this case, may file a partition claim against the defendants, who are other co-owners, pursuant to the main sentence of Article 268(1) of the Civil Act, and the agreement on the method of partition was not reached. Thus, the plaintiff may file a partition claim with the court pursuant to Article 269(1) of the

B. In principle, division of co-owned property in kind cannot be divided in kind as long as a reasonable partition can be made according to the share of each co-owner. However, the requirement 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, situation of use, use after the division, use value, etc. of the co-owned property (see Supreme Court Decision 2002Da4580, Apr. 12, 2002). 2) The following circumstances revealed by the purport of the entire statement and arguments as to this case pursuant to the above legal doctrine, namely, the land in this case can be seen as farmland for which agricultural production infrastructure improvement project under the Rearrangement of Agricultural and Fishing Villages Act was implemented, and in this case, each of the land after the division pursuant to Article 22(2)3 of the Farmland Act.