1. The amount of money remaining after deducting the auction expenses from the proceeds sold at auction by selling at auction the Eunpyeong-gu Seoul Metropolitan City Miscellaneous land 983 square meters.

1. Basic facts

A. The Plaintiff and the Defendant hold 1/2 shares of Eunpyeong-gu Seoul Metropolitan Government Miscellaneous land C, 983 square meters (hereinafter “instant land”).

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

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

2. Determination

A. According to the above acknowledged facts, the Plaintiff, a co-owner of the land of this case, may file a partition claim against the Defendant, who is another co-owner, pursuant to Article 269(1) of the Civil Act.

B. The partition of co-owned property in accordance with the legal principles regarding the method of partition 1 is, in principle, a method of spot partition as long as it is possible to make a rational partition according to the share of each co-owner. However, even if it is impossible or possible in kind, if the price is likely to decrease substantially due to the auction of the co-owned property, the so-called price partition shall be made by ordering the auction of the co-owned property to divide the price. However, in the price partition, "it cannot be divided in kind" should not be interpreted physically strictly. It includes cases where it is difficult or inappropriate to divide the co-owned property in kind in light of the nature, location, area, use situation, and use value after the partition.

In addition, the phrase "if the value of the portion is to be reduced remarkably if it is divided in kind" also includes a co-owner's cases where the value of the portion to be owned by the sole owner is likely to be reduced significantly than the value of the share before the division.

Therefore, it is possible to divide in kind formally.

Even the location, area, and surrounding road conditions, use value, price, shares of each co-owner, and shares of each co-owner.