1. The remainder of the amount calculated by deducting the auction cost from the proceeds of the sale by selling the 1,032 square meters of the paddy field in Jeonnam-gun, Jeonnam-gun.

1. Facts of recognition;

A. The Plaintiff and the Defendant shared 1/2 shares of 1,032 square meters in Jeonnam-gun, Jeonnam-gun (hereinafter “instant land”).

B. As of the date of closing argument of this case, the Plaintiff and the Defendant did not reach an agreement on the method of dividing the land of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. 1) Co-owners may file a claim for partition of co-owned property (main sentence of Article 268(1) of the Civil Act). If a consultation on the method of partition does not lead to an agreement on the method of partition, co-owners may file a claim for partition with a court (Article 269 of the Civil Act). Therefore, the Plaintiff, who is a co-owner, may file a claim for partition against the Defendant, who is another co-owner, pursuant to the main sentence of Article 268(1) and Article 269

B. The partition of co-owned property based on the judgment of one legal principle as to the partition of co-owned property is in principle, it is impossible to divide it in kind or in kind, or it is possible in form

Even if the price of the article jointly owned is likely to be reduced remarkably due to it, the auction of the article jointly owned pursuant to Article 269(2) of the Civil Code shall be ordered, and the price of the article is divided. The price of the article substantially reduced due to the in-kind division shall include not only the case where the exchange value of the whole article jointly owned is significantly reduced due to the in-kind division but also the case where the value of the part to be owned by the owner is significantly reduced than the share value before the partition of co-owned property as well as the case where the share value of the article to be owned by the co-owner is not fairly divided.

The location, area and surrounding road conditions, use value, price, shares of each co-owner, and current status of use and profit-making of the co-owner.