1. The Plaintiff shall sell 5,451m2 to the public auction in Chuncheon-si and the remainder after deducting the auction cost from the price.

1. Basic facts

A. The real estate recorded in the text (hereinafter “instant real estate”) completed the registration of ownership transfer with respect to each co-ownership listed in the order of the Plaintiff and the Defendants.

B. As to the method of dividing the instant real estate between the Plaintiff and the Defendants, the agreement was not reached until the closing date of the instant argument.

【Ground for Recognition: Unsatisfy, Entry of Evidence A Nos. 1 and 2, and the purport of the whole pleadings】

2. Determination

A. According to the above facts of recognition, the plaintiff and the defendants shared the real estate of this case, and there was no agreement between the plaintiff and the defendants as to the method of partition of the real estate of this case. Thus, the plaintiff can file a co-owned property partition claim against the defendants as to the real estate of this case.

B. Co-owned property partition method 1) Division of co-owned property may be selected at will if the co-owners reach an agreement, but if the co-owners divide the co-owned property through a trial due to the failure to reach an agreement, the court shall in principle divide it in kind, and if the co-owned property is unable to divide it in kind or if the price is likely to decrease substantially if it is divided in kind, the auction of the property may be ordered. Here, the requirement is not physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide it in kind in light of the nature, location, area, use situation, and use value after the division, etc. of the co-owned property (see, e.g., Supreme Court Decisions 92Da30603, Jan. 19, 1993; 2002Da4580, Apr. 12, 2002).