1. A list of the remaining money, which is sold at auction prior to D 357 square meters in Tong-si and deducts the auction cost from the proceeds of sale, shall be attached.

1. In full view of the purport of the entire pleadings as to the claim for partition of the jointly owned property Gap 1 through 3, the plaintiff and the defendants are co-owners of the area of 357 square meters (hereinafter “the land of this case”) prior to Dong-si, Dong-si. The facts of holding the land of this case according to the proportion of co-ownership indicated in the attached list can be acknowledged. The facts that the plaintiff and the defendants did not reach an agreement on the method of partition of the land of this case are significant

Therefore, pursuant to Article 269(1) of the Civil Act, the Plaintiff is entitled to file a claim against the Defendants, who are other co-owners of the instant land, for the partition of the instant land.

2. Method of partition of the article jointly owned;

A. According to the relevant legal principles, in the case of dividing the jointly-owned property in kind, it is a principle that it is divided in kind, or if it is impossible to divide it in kind or if the value thereof is likely to be significantly reduced, the auction of the jointly-owned property may be ordered to be paid in installments.

Here, the requirement of "undivided in kind" includes cases where it is physically impossible to divide the article in kind, as well as cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, utilization status, and use value after the division.

In addition, the "where the value of the land is likely to be reduced remarkably if the land is divided in kind" includes cases where, even if a co-owner is a co-owner, the value of the part to be owned independently by the division in kind is likely to be significantly reduced compared to the value of the land before the division (see, e.g., Supreme Court Decisions 2009Da40219, Sept. 10, 2009; 2013Da56297, Dec. 10, 2015). In this case, ① the land category of the instant land is electric, and the area of the land is limited to 357 square meters. ② The Plaintiff wishes to divide in kind, and the Defendants oppose the auction division.