1. The amount calculated by selling 4,00 square meters in F. F., Chungcheongnam-gun to auction to the Plaintiff, which remains after deducting the auction cost from the price.

According to the purport of Gap evidence Nos. 2 and 3 as to the establishment of co-owned property partition claim, the plaintiff among the 4,000 square meters in F. 4,00 square meters (hereinafter “instant land”), 8/42 shares in the plaintiff, 15/42 shares in the defendant Eul, 5/42 shares in the defendant Eul, 11/42 shares in the defendant Eul, 11/42 shares in the defendant Eul, and 3/42 shares in the defendant Eul, and it can be acknowledged that the plaintiff and the defendants did not reach an agreement on the method of division. Thus, the plaintiff may file a claim against the defendants for the division of the instant land in accordance with his co-ownership.

In principle, the method of partition of co-owned property shall be divided in kind, but if it is impossible to divide in kind or the value thereof is likely to decrease remarkably in the division, the court may order auction of the property.

(See Article 269(2) of the Civil Act. Here, the requirement that “it shall not be divided in kind” does not physically strict interpretation, but includes cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, circumstances of use, value of use after the division, etc. of the article jointly owned in question in light of its nature, location, area

(2) In the case of a co-owner's in-kind, "if the value of the property is likely to decrease substantially if the property is divided in kind" also includes where the value of the property to be owned by the sole owner is likely to decrease significantly more than the value of the property before the division.

(2) As to the land of this case, the land of this case is divided into two thousand square meters or more after subdivision pursuant to Article 22(2) of the Farmland Act. The land of this case is divided into two parts after subdivision, and the land area of this case is divided into two thousand square meters or more. The land area of this case, co-ownership of co-owners, etc. is the area of the land of this case, co-ownership of co-ownership of co-ownership.