1. The sale price shall be the remainder after deducting the expenses for the auction from the sale price, which is put up for an auction of 453 square meters in Seo-gu, Seo-gu, Seocheon-gu.

1. Facts of recognition;

A. The Plaintiffs shared the share of 656.5/1766 and the Defendant’s share of 453/176 of the respective shares of 176, respectively.

B. There was no agreement between the Plaintiffs and the Defendant on the method of partition of the instant land, and there was no agreement on the prohibition of partition.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. According to the above facts, the Plaintiffs, co-owners of the land of this case, may claim a partition of the land of this case to the Defendant, who is another co-owner, pursuant to Article 269(1) of the Civil Act

(b) In the case of dividing the article jointly owned by a trial, in principle, by dividing it in kind, or by dividing it in kind or by dividing it in kind, if the value thereof is apprehended to be significantly reduced, the auction of the article jointly owned may be ordered.

Here, the requirement includes cases where it is physically impossible to divide the property in kind, as well as cases where it is difficult or inappropriate to divide the property in kind in light of the nature, location, area, use status, value of use after the division, etc.

(See Supreme Court Decision 2013Da56297 Decided December 10, 2015 (see, e.g., Supreme Court Decision 2013Da56297, Dec. 10, 2015). In addition, in light of the area, shape, and land category of the instant land, it is deemed that, if a parcel of land is divided in kind according to co-owners’ share, it would be less than the minimum size required by the relevant statutes or would be significantly reduced in value. As such, the instant parcel of land constitutes a case where it is difficult or inappropriate to divide the parcel of land in kind in light of its nature, location, area, use status, and use value after the partition, etc., and thus, it is the most equitable and reasonable way to choose auction division.