1. The Plaintiff shall sell 500 square meters in a racing-si, for auction, the remainder of the money calculated by subtracting the auction cost from the proceeds of sale.

1. The following facts of recognition may be found either in dispute between the parties or in full view of the entries in Gap evidence Nos. 1, 2, and 3 and the purport of the entire pleadings:

The Plaintiff shared 500 square meters (hereinafter “instant land”) in the proportion of 5017/700 shares, and the Defendant shared 1983/700 shares.

B. Until the closure of pleadings, the Plaintiff and the Defendant did not reach an agreement on the method of dividing the instant land.

2. Determination as to the cause of action

A. According to the above facts acknowledged, the Plaintiff, a co-owner of the land of this case, may file a claim for partition against the Defendant, a co-owner of the land of this case pursuant to Articles 268 and 269 of the Civil Act.

B. The partition of co-owned property based on one trial on the method of partition shall be, in principle, by the method of in-kind partition as long as it is possible to make a rational partition according to the shares of each co-owner. However, even if it is impossible in kind or it is possible, if the price is likely to decrease substantially due to the auction of the co-owned property, the so-called price partition shall be made by ordering the auction of the co-owned property to divide the price. However, it shall not be physically strict interpretation, but it shall include cases where it is difficult or inappropriate to divide the property in kind in light of the nature, location, area, use status, and use value after the partition.

In addition, the phrase "if the value of the portion is to be reduced remarkably if it is divided in kind" also includes a co-owner's cases where the value of the portion to be owned by the sole owner is likely to be reduced significantly than the value of the share before the division.

Therefore, it is possible to divide in kind formally.

Even the location, area, and surrounding road condition, use value of the article jointly owned.