The remaining amount after deducting the expenses for auction from the proceeds of sale sold by selling it to the auction of 482 square meters prior to the AA in Sungsung-si shall be attached Form 3.

1. Facts of recognition;

A. The registration of transfer of ownership in the name of AB and AC was completed on May 6, 1930 with respect to the Suwon District Court 482 square meters (hereinafter “instant land”) prior to AA in Sungsung-si. The registration of transfer of ownership in the name of AB and AC was completed on May 6, 1930.

B. The registration of ownership transfer in the name of AD and AE was completed in order with respect to the shares of AB among the instant land, and the registration of ownership transfer in the name of the Plaintiff was completed on July 4, 2013 as the receipt of the foregoing registration office No. 107055 on July 4, 2013

C. Meanwhile, after AC died on March 23, 1972, the Defendants succeeded to the shares of AC in the land of this case through the same process as the attached Form 1 inheritance statement, and the inheritance shares are as indicated in the attached Form 2 inheritance calculation sheet.

Co-owners and co-ownership shares of the land of this case as of the date of closing argument of this case are as shown in attached Form 3.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts of recognition, the Plaintiff, a co-owner of the instant land, may file a claim against the Defendants, who are other co-owners, for the partition of the instant land pursuant to Article 269(1) of the Civil Act.

B. Furthermore, as to the method of partition of the land of this case which is the jointly owned property, in the case of dividing the jointly owned property by a trial, it is a principle that dividing it in kind. However, in the case of dividing it in kind or in the case of dividing it in kind, if the value of the property is apprehended to be significantly reduced, the auction of the property may be ordered, and the "shall not be divided in kind" is not physically strict interpretation, but it includes the case where it is difficult or inappropriate to divide it in kind in light of the nature, location, area, utilization status, and use value after the division, etc. of the jointly owned property.

I would like to say.

(See Supreme Court Decision 2009Da40219, 40226 Decided September 10, 2009; Supreme Court Decision 2013Da56297 Decided December 10, 2015, etc.).