1. The plaintiff shall sell the real estate listed in the separate sheet to an auction and deduct the auction cost from the proceeds of the sale.

1. Facts of recognition;

A. As to the real estate listed in the separate sheet (hereinafter “instant land”), the Plaintiff owned 1321/20, and Nonparty 1 owned 763/2074 shares as to the said land. As the network L died on February 1, 200, the Defendants, the heir of Plaintiff and the network L, co-ownership of the said land according to the respective shares in the separate sheet, and there was no agreement as to the partition of co-owned property of the said land until the pleadings of the instant case are concluded.

B. The instant land is farmland for which the rearrangement project for agricultural production infrastructure has been implemented under the Rearrangement of Agricultural and Fishing Villages Act.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 20, purport of the whole pleadings

2. Determination

A. According to the above facts acknowledged, the Plaintiff, one of the co-owners of the instant land, may claim partition against the Defendants, who are other co-owners, pursuant to the main sentence of Article 268(1) of the Civil Act. In addition, if an agreement as to the method of partition has not been reached, the Plaintiff may claim it to the court pursuant to Article 269(1) of the Civil Act.

However, as seen earlier, the agreement on partition of co-owned property with the Defendants did not lead to an agreement, so the Plaintiff’s claim for partition of co-owned property as to the land in this case has merit.

B. Co-owned property partition by one trial on the method of partition shall be, in principle, by the method of in-kind division as long as a rational partition can be made according to the shares of each co-owner. However, even if it is impossible in-kind division or it is possible in form, if the price might be reduced remarkably due to such act, it shall be done by the method of so-called payment division by ordering the auction of the co-owned property to divide the price.

The requirement that the "in-kind can not be divided" is not a physically strict interpretation, but a character, location, area, and situation of use of the article jointly owned.