1. The remainder of D 1,000 square meters from the proceeds of the sale shall be put to an auction and the auction cost shall be deducted from the proceeds of the sale.

Comprehensively taking account of the purport of the entire arguments in the statement in Gap evidence Nos. 1 through 3, the plaintiff and the defendants are owners of 1/3 share of each of the 1,008 square meters (hereinafter "the land of this case"), among the plaintiff and the defendants of this case, the fact that there was no agreement on the division of the land of this case between the plaintiff and the defendants, and that there was no special agreement on the prohibition of partition as to the forest of this case.

According to the above facts of recognition, there was no agreement between the Plaintiff and the Defendants as co-owners of the land of this case on the method of division. Thus, the Plaintiff may file a claim against the Defendants for partition of the land of this case pursuant to Article 269(1) of the Civil Act.

Furthermore, the method of partition is examined as to the method of partition, and the method of partition of co-owned property by trial should be based on the method of in-kind partition, or, even if it is impossible to divide it in kind or even if it is possible in form, if the price is likely to decrease significantly, the auction of the co-owned property should be ordered to divide the price by the method of price division.

The land in this case is a land for which a project for improving agricultural production infrastructure is implemented under the Rearrangement of Agricultural and Fishing Villages Act, and the fact that it is impossible to divide it in kind in accordance with Article 22 (2) 3 of the Farmland Act is not a dispute between the parties. Therefore, it is reasonable to divide

Therefore, it is so decided as per Disposition by the assent of all participating Justices on the bench that the remaining amount of the land of this case, which was put up for an auction and deducted from the proceeds of the auction, shall be distributed at the ratio of