The plaintiff is entitled to sell 713m2 at an auction at Osan-si, Osan-si and the remaining amount after deducting the auction cost from the proceeds of sale.

1. Facts of recognition;

A. The Plaintiffs are the owners of the share of 97/238, respectively, and the Defendant of 44/238 shares of 713m2 (hereinafter “instant land”).

B. The plaintiffs and the defendant did not reach an agreement on the method of dividing the land of this case.

[Ground of recognition] Unsatisfy, Gap evidence No. 1-1, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Plaintiffs, co-owners, may claim a partition of the instant land against the Defendant, who is another co-owner.

On the other hand, as the method of partition of co-owned property, the plaintiffs are claiming the payment by auction, and the defendant is claiming the in-kind division.

B. In the case of dividing the jointly-owned property by trial, if it is impossible to divide it in kind or if it is possible to divide it in kind in kind, the auction of the article may be ordered, and the "undivided in kind" requirement is not physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, use situation, use value after the division, etc. of the jointly-owned property.

(2) According to Article 56(1)4 of the National Land Planning and Utilization Act and Article 51(1)5(a) of the Enforcement Decree of the same Act, the land division (excluding a site on which a building under Article 57 of the Building Act is located) conducted without permission, authorization, etc. under the relevant Acts and subordinate statutes is a development act, and the Special Metropolitan City Mayor, Metropolitan City Mayor, Si, or Si, or Gun, is a development act.