1. The 1454m2 in JJ-gun, Chungcheongnam-dong, Chungcheongnam-do shall be put to an auction, and the remainder of the proceeds from the auction shall be the amount which remains after deducting the costs of the auction.

1. Basic facts

A. The Plaintiff and the Defendants shared the share of 1454 square meters in J-dong, Hadong-gun, Hadong-gun, Seoul (hereinafter “instant land”) according to the shares of shares by co-owners listed in the separate sheet No. 2.

B. Until the closing date of the instant argument, such as the division consultation, the Plaintiff and the Defendants did not reach an agreement on the division method of the instant land, and there is no division prohibition agreement on the instant land.

[Ground for Recognition: Facts without dispute, each entry of Gap evidence 1 to 3 (including paper numbers), and whole purport of oral argument]

2. The assertion and judgment

A. According to the above acknowledged facts, the Plaintiff, a co-owner of the land of this case, may claim the partition of the land of this case against the Defendants, other co-owners.

(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 in kind, or if it is impossible to divide it in kind or if the value thereof is apprehended to decrease 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 land is likely to be reduced remarkably if it is divided in kind” includes cases where, even if a person is a co-owner, the value of the portion to be owned by himself/herself is likely to be significantly reduced compared to the share value before the division (Supreme Court Decision 2013Da56297 Decided December 10, 2015). The above acknowledged facts are as follows: (i) the land is farmland; (ii) the area of the land in this case is the farmland, and its size is less than 1454 square meters and it seems that the restriction under the Farmland Act is applied to the land in this case; and (ii) the co-owner of the land in this case reaches eight persons.