1. The remainder of the amount calculated by deducting the auction expenses from the price by selling it by auction for the 17m2 road in Gwangju Metropolitan City, North-gu;

1. Co-owned property partition claim

A. (1) The Plaintiff and the Defendants shared share of the same share of 17 square meters in the North-gu Seoul Metropolitan City E-road (hereinafter “instant land”) at the same rate as that indicated in the separate sheet.

(2) There is no separate agreement between the Plaintiff and the Defendants on the prohibition of partition of the instant land, and no agreement on the method of partition of the instant land has been reached by the closing date of argument.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

B. According to the above facts of recognition, the Plaintiff, a co-owner of the land of this case, may file a claim against the Defendants, who are other co-owners, for the partition of the land of this case under Article 269(1) of the Civil Act.

2. Method of partition of co-owned property;

(a) In the case of dividing the jointly-owned property by trial, if it is impossible to divide it in kind or if the value of the property is likely to be significantly reduced, the auction of the property may be ordered, and in this case, it shall not be physically strictly interpreted, but it shall include cases where it is difficult or inappropriate to divide it in kind in light of the nature, location, area, utilization status, use value after the division, etc. of the jointly-owned property.

(See Supreme Court Decision 2009Da40219, 40226 Decided September 10, 2009, etc.) B.

As to the instant case, the Plaintiff sought a partition of co-owned property through auction or division, and the Defendant C is unable to know its whereabouts, and thus, Defendant B and D did not present specific opinions as to the method of partition. In full view of the fact that the instant land is used as a road and its size is 17 square meters, and it appears that the value might be significantly reduced if it is difficult to divide in kind or to divide in kind, it is difficult to divide in kind. In full view of the fact that the instant land is not the spot-sale, but the method of payment by auction.