1. In the case of Kim Jong-si, E 2,684 square meters shall be put to an auction, and the remaining amount after deducting the auction expenses from the price shall be attached Table.

1. Facts of recognition;

A. The Plaintiff and the Defendants shared the E field E 2,684 square meters (hereinafter “instant land”) in proportion to each share indicated in the attached Table in co-ownership column.

B. The instant land is farmland for which an agricultural production-based rearrangement project under the Rearrangement of Agricultural and Fishing Villages Act was implemented, and is not partitioned into 2,000 square meters or less pursuant to Article 22(2) of the Farmland Act.

C. The Plaintiff and the Defendants did not agree on the partition of co-owned property until the closing date of the instant argument.

[Ground of recognition] Facts without dispute, entry of Gap evidence No. 1, fact-finding inquiry and reply about Kim Jong-chul in this court, purport of the whole pleadings

2. Determination:

A. According to the above facts, the plaintiff, a co-owner of the land of this case, can file a claim for partition of the land of this case against the other co-owners, which is co-owners. 2) In the case of dividing the co-owned property by the method of partition of co-owned property, if it is impossible to divide it in kind or if it is possible to divide it in kind if it is likely to cause a decrease in the value thereof in kind, the auction of the property may be ordered to divide it. Here, "the co-owned property cannot be divided in kind" is not physically strict interpretation, but it is not physically strictly interpreted. It includes the case where it is difficult or inappropriate to divide it in kind in light of the nature, location, size, use situation of the co-owned property, and the use value after

(2) As to the land in this case, the land in this case cannot be divided into 2,00 square meters or less pursuant to Article 22(2) of the Farmland Act, in light of the size of the land in this case, and the respective equity ratio and interests of the Plaintiff and the Defendants, the land in this case with the minimum divided area as above is divided, in short of 2,00 square meters.