1. The plaintiff and the plaintiff who puts up the amount of 2,16 square meters in Sacheon-si D and deducts the auction cost from the price.

1. Facts of recognition;

A. The Plaintiff and the Defendants shared 1/3 shares of each of the 2,116 square meters in Sacheon-si D (hereinafter “instant land”).

B. The Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant land until now.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts acknowledged, one of the co-owners of the land of this case may claim the partition of co-owned property against the Defendants, who are other co-owners, pursuant to Article 268(1) of the Civil Act.

3. If the method of partition of co-owned property, in kind, is impossible to divide it in kind, or the value thereof might be reduced remarkably due to such division, the court may order an auction of things; and

(Article 269(2) of the Civil Act. In principle, division of co-owned property by trial shall be made in kind as long as a reasonable partition can be made according to the share of each co-owner. However, the requirement that "it cannot be divided in kind" in the price division is not physically strict interpretation. It includes cases where it is difficult or inappropriate to divide the co-owned property in kind in light of the nature, location, area, situation of use of the co-owned property, use value after the partition, etc.

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

(See Supreme Court Decision 2002Da4580 delivered on April 12, 2002). In full view of the health class, Gap evidence No. 2, fact inquiry into the private market in this case, and the overall purport of pleadings, the land in this case is farmland for which agricultural production infrastructure improvement projects under the Rearrangement of Agricultural and Fishing Villages Act were implemented, and its size is 2,16 square meters.