1. The remaining amount after the auction cost is deducted from the proceeds of the sale of the real estate listed in the attached list;

Attached Form

With respect to the real estate listed in the list (hereinafter “instant land”), there is no dispute between the parties that the Plaintiff and the Defendant B hold the ownership share of 215/440, 3/440, 3/440, and 2/440, respectively.

The Plaintiff sought a partition of the instant land against the Defendants through the service of the instant complaint, but did not reach an agreement on the method of dividing the instant land between the Plaintiff and the Defendants, and there is no evidence to deem that there exists a special agreement prohibiting the division of the instant land.

Meanwhile, according to the results of fact-finding and the purport of the whole argument of this court on the military city, the land in this case is recognized as a production management area under Article 36 (1) 2 (b) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).

However, according to Article 56(1)4 of the National Land Planning and Utilization Act, the division of land is a development act subject to a market permit. Article 56 [Attachment Table 1-2] subparagraph 2(d)(1) of the Enforcement Decree of the National Land Planning and Utilization Act, which sets the detailed criteria for the said permission, provides that matters concerning the division of land, which is impossible to develop due to the failure to obtain authorization, permission, etc. under the National Land Planning and Utilization Act or other Acts and subordinate statutes or the failure to install infrastructure, shall meet the criteria prescribed by the urban planning ordinance of each Si. Article 23 of the Urban Planning and Utilization Ordinance of Si, Gun, provides that where land is subdivided without obtaining permission or authorization

In addition, according to the results of fact-finding and the purport of the entire pleadings with respect to the Gunsan City, the Plaintiff or Defendants cannot be deemed to have obtained permission or authorization under the relevant statutes regarding the division of the instant land, and where the instant land is divided in kind according to the share ratio of the Plaintiff and Defendants, the area is less than 200 square meters