1. The judgment of the court of first instance is modified as follows.

2,165 square meters shall be put up for an auction at the Gangseo-gu E-si, Gangwon-do, and the price shall be paid.

1. Basic facts

A. The Plaintiff and Defendant B shared 826/2,165 shares, and Defendant D’s share at the ratio of 513/2,165 shares, respectively.

B. As of the date of the closing of the instant argument, no agreement was reached between the Plaintiff and the Defendants on the method of dividing the instant land.

[Reasons for Recognition] Uncontentious Facts, Entry of Gap evidence 1, purport of whole pleadings

2. Determination

A. According to the facts acknowledged above, the Plaintiff may claim the partition of the instant land against the Defendants, another co-owner, pursuant to Article 269(1) of the Civil Act.

(b) If the co-owned property is divided by a judgment on the method of partition of co-owned property, in principle, by dividing it in kind, or if it is impossible to divide it in kind or in kind, or if the value thereof is likely to 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, the phrase “where the value of the division is likely to be significantly reduced if it is divided in kind” includes cases where, even if a co-owner is a co-owner, the value of the portion to be owned by him/her is likely to be significantly reduced compared to the share value of the ownership before the division (see, e.g., Supreme Court Decision 2013Da56297, Dec. 10, 2015). The following circumstances, which may be recognized by the following: (a) the scam, the evidence Nos. 1 through 3, and evidence Nos. 1 through 5, the video of E or E evidence No. 1 through 4, the result of the request for surveying and appraisal by appraiser I, and the purport of the whole pleadings, namely, the land of this case, as shown in the annexed Form No. 2, according to the Defendant D’s written request for the division in kind.