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1. The amount remaining after the amount of 1,165 square meters in return for the I reply 1,165 square meters in South-Namnam-gun is put to an auction and the auction cost is deducted from the proceeds
Reasons
1. Facts of recognition;
A. The Plaintiff and the Defendants shared the Plaintiff 3/17 shares and the Defendants’ shares of 2/17 shares, respectively, in the proportion of Plaintiff 3/17 shares and 2/17 shares, respectively.
B. The Plaintiff and the Defendants did not agree on the method of dividing each of the instant real estate.
[Ground of recognition] A without dispute, entry of Gap evidence No. 4, purport of whole pleadings
2. Determination as to the cause of action
A. According to the above facts acknowledged as above, the Plaintiff, as co-owners of the instant real estate, may claim the division of the said real estate jointly owned by the Defendants, who are co-owners of the instant real estate.
B. According to the following circumstances, in the case of dividing jointly-owned property in kind, if it is impossible to divide the jointly-owned property in kind or if it is anticipated that its value will be significantly reduced, an auction of the property may be ordered, and the "undivided in kind" requirement is not physically strict interpretation. It includes cases where it is difficult or inappropriate to divide the property in kind in light of the nature, location, area, utilization situation, use value after the division, etc. of the jointly-owned property or where it is difficult or inappropriate to divide the property in kind (see, e.g., Supreme Court Decision 2009Da40219, 4026, Sept. 10, 2009). 2) The evidence presented above shows that the real property in this case falls under an agricultural promotion zone under the Farmland Act, and the farmland in this case is used for the purpose of efficiently preserving farmland in accordance with the Farmland Act and the farmland in this case is used for the purpose of agricultural production infrastructure or the farmland development project is being used or being used for the purpose of agricultural development project.