1. The plaintiff shall sell the 3,114m2 at auction at racing-si D, and the remaining amount after deducting the auction cost from the price.

1. Basic facts

A. The Plaintiff and the Defendants shared 1/3 shares of each of the 3,114 square meters (hereinafter “instant real estate”) at racing-si.

B. The Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant real estate.

[Reasons for Recognition] Confession (Article 150(3) and (1) of the Civil Procedure Act)

2. Determination

A. 1) Co-owners may claim a partition of co-owned property (main sentence of Article 268(1) of the Civil Act). If the agreement on the method of partition is not reached, co-owners may request a court to divide it, and if it is impossible to divide it in kind or the value of the property is likely to decrease remarkably due to the division, the court may order the auction of the property (Article 269(2)). Accordingly, the Plaintiff, co-owners, as co-owners, may request the Defendants, other co-owners, to divide the pertinent real property in accordance with the main sentence of Article 268(1) and Article 269 of the Civil Act.

B. In full view of the share ratio between the Plaintiff and the Defendants as to the method of partition of co-owned property, the location, shape, size, use of the land of this case, and other various circumstances revealed in the pleading process, including the fact that the Defendants did not dispute the payment division of the real estate of this case through auction, the land of this case shall be divided as indicated in paragraph (1) of the Disposition.

3. In conclusion, it is decided as per Disposition by the court below that the real estate of this case was sold at auction and the remaining amount after deducting the auction cost from the price shall be divided into the plaintiff and the defendants in proportion to their co-ownership share.