1. The amount of 1,355 square meters and D 4,956 square meters shall be put to an auction and the auction cost shall be deducted from the price.

1. The Plaintiff and the Defendant shared the Plaintiff 2/3’s share and the Defendant 1/3’s share of 1,355 square meters and D 4,956 square meters (hereinafter “instant real estate”) in the proportion of the Plaintiff 2/3’s share and the shares of Defendant 1/3.

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

2. Co-owners who have created the right to claim partition of co-owned property may claim a partition of the co-owned property (main sentence of Article 268 (1) of the Civil Act), and if the consultation as to the method of partition of the co-owned property has not been reached, co-owners may request a court for partition, and if it is impossible to divide in kind or the value thereof might be reduced remarkably due to such partition, the court may order

(Article 269 of the Civil Act) Pursuant to Article 269 of the Civil Act, the Plaintiff, a co-owner, may request the Defendant, who is another co-owner,

3. Co-owned property partition method 1) In principle, partition of co-owned property based on the relevant legal doctrine is to be made in kind as far as a reasonable partition can be made according to each co-owner's share. However, even if it is impossible or possible in kind, if the price might be reduced remarkably, the so-called price division shall be made by ordering the auction of the co-owned property to divide the price. In payment division, the requirement does not physically strict interpretation, but includes cases where it is difficult or inappropriate to divide the co-owned property in kind in light of the nature, location, size, use situation, commercial value after the division, etc. of the co-owned property (see, e.g., Supreme Court Decisions 92Da30603, Jan. 19, 1993; 2002Da4580, Apr. 12, 2002).