1. The petitioner D 149m2 referred to in the petition district at the Cheongju-si shall be put to an auction and the proceeds shall be deducted from the auction cost.

1. Facts of recognition;

A. The real estate indicated in the text (hereinafter “instant land”) and other neighboring land (hereinafter “Cheongju-si E-gu”) are owned by the Defendants and F, respectively, 1/3 shares. The Plaintiff purchased F shares in the auction procedure on March 29, 2013, and completed the registration of ownership transfer in its name on April 1, 2013, thereby becoming jointly owned by the Plaintiff and the Defendants.

B. The Plaintiff is seeking to resolve the co-ownership relationship with respect to the instant land, and there was no agreement on the method of subdivision between the Plaintiff and the Defendants.

On the other hand, on July 25, 2016, after the filing of the instant lawsuit, the Plaintiff sold all co-ownership shares (1/3) on the above E land to G and transferred its ownership.

C. The land in this case is a situation in which it is impossible to divide in kind due to the existence, etc. of ground buildings, or the value thereof is likely to be reduced remarkably due to the division.

[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. According to the facts of the above recognition of the portion of the claim for partition of the jointly owned property, the plaintiff can claim a court to divide the land of this case, which is the jointly owned property, as co-owners, and the method of partition is bound to sell the land of this case by auction and distribute the price in proportion

B. The Defendants asserted as unjust enrichment return portion 1) The Plaintiff’s assertion that the Plaintiff leased the instant land and the instant E land to a third party prior to the Plaintiff’s acquisition of co-owned shares, thereby excluding the Plaintiff, who is a co-owner, and making use of the entire jointly-owned property, and thus, the Plaintiff should pay KRW 1,586,39, which is the amount equivalent to the reasonable rent during the period from April 1, 2013 to June 10, 2015. (2) According to the respective entries and arguments in the evidence Nos. 4, 6, and 7, the Defendants acquired co-ownership from Apr. 1, 2013 to Apr. 1, 2013.