1. The remainder of the amount calculated by deducting the auction expenses from the proceeds of the auction by selling the total area of 595 square meters before Gangnamyang-gun E.

1. Basic facts

A. Of 595 square meters (hereinafter “instant land”), F shall have completed the registration of ownership transfer on August 25, 2004 with respect to shares 6/17; Defendant B shall have to pay shares 6/17; Defendant C shall have to pay shares 4/17; Defendant D shall have to pay shares 1/17; and Defendant D shall have completed the registration of ownership transfer based on sale on August 25, 2004, respectively.

B. The Plaintiff purchased Defendant B’s above shares in the public sale process and completed the registration of ownership transfer on January 13, 2016.

C. The F died on March 3, 2014, and the Defendants, F’ children, were equally succeeded to F’s shares.

Accordingly, the Plaintiff shared 6/17, 2/17, 3/17, 6/17, and 3/17, respectively.

E. Meanwhile, there is no agreement between the Plaintiff and the Defendants on the division of the instant land.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including additional number), the purport of the whole pleadings

2. Determination

A. According to the above recognition of the co-owned property partition claim, the Plaintiff, a co-owner of the instant land, may file a lawsuit against the Defendants, who are other co-owners, in accordance with Article 269(1) of the Civil Act, to divide the instant land.

(b) If the co-owned property is divided by one trial on the method of partition of co-owned property, in principle, by dividing it in kind, in kind, or if it is impossible to divide it in kind or in kind, or if the value thereof might be reduced remarkably, an auction of the co-owned property may be ordered to be paid in installments;

Here, the requirement of "undivided in kind" includes cases where it is physically impossible to divide the article in kind, as well as cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, current use, value of use after the division.

In addition, in the case of a co-owner's division in kind, "if the value is likely to be reduced significantly, the value thereof shall be reduced individually by the division in kind, even if the co-owner is the one.