1. The amount of real estate listed in the separate sheet remaining after the cost of auction is deducted from the proceeds of auction;

1. Facts of recognition;

A. Of the real estate listed in the separate sheet (hereinafter “instant land”), the Plaintiff is the Plaintiff’s 2/15 shares, and the Defendant is the owner of 13/15 shares.

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

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. Determination

A. According to the facts acknowledged above, the Plaintiff, a co-owner, may file a claim for partition of the land of this case against the Defendant, another co-owner, pursuant to Articles 268 and 269 of the Civil Act.

B. Since the plaintiff sought a partition by auction as the method of partition of co-owned property, it is possible to permit such partition of co-owned property in this case.

Article 269 (2) of the Civil Code provides that the payment for the auction can be made only when the article jointly owned is not able to be divided in kind or the value thereof is likely to be reduced remarkably due to the division.

(2) On the other hand, Article 22 (2) of the Farmland Act shall not be divided into farmland for which a project for improving agricultural production infrastructure has been implemented under the Rearrangement of Agricultural and Fishing Villages Act, except any of the following cases:

1. Where farmland included in a residential area, commercial area or industrial area of an urban area, or in a site for urban or Gun planning facilities under the National Land Planning and Utilization Act is divided;

2. Where the diverted farmland is partitioned with permission to divert farmland (including authorization, permission, approval, etc. which is legally construed as permission to divert farmland under other Acts) under Article 34 (1) or with the report on diversion of farmland under Article 35 or 43;

3. Where each parcel after the division is divided into more than 2,00 square meters;

4. Improvement of farmland and exchange, division, etc. of farmland shall be prescribed by Presidential Decree;