1. The land listed in the attached list 1 is put to an auction and the remainder of the proceeds of the auction excluding the expenses;

1. The Plaintiff and the Defendants entered the land listed in the separate sheet No. 1 (hereinafter referred to as “instant land”) in the corresponding share ratio in the separate sheet No. 2, but each share in Defendant V and Z was written according to the order number indicated in the entire certificate of registration.

The list Nos. 21, 22, 26, and 27 of attached Table 2 are co-owned.

There was no agreement between the Plaintiff and the Defendants on the method of dividing the instant land.

[Ground of recognition] Each entry of Gap evidence Nos. 1 and 2 (including each number number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. Article 268(1) of the Civil Act provides that “Co-owner may claim partition of the co-owned property, but the co-owner may agree not to partition the co-owned property for a period not exceeding five years.” Article 269(1) of the Civil Act provides that “If the consultation on the method of partition does not lead to an agreement on the method of partition, co-owner may claim partition to the court.”

According to the above facts of recognition, the Plaintiff, a co-owner of the instant land, may file a claim against the Defendants, who are other co-owners, for the partition of the jointly owned property pursuant to Articles 268(1) and 269(1) of the Civil Act.

B. In the case of dividing the jointly-owned property by one trial on 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 with the money, the auction of the property may be ordered if the value thereof might be significantly reduced, and the requirement of "shall not be divided in kind" is not physically strict interpretation, but physically strict interpretation is not to include the case where it is difficult or inappropriate to divide it in kind in light of the nature, location, size, utilization status, use value after the division, etc. of the jointly-owned property.

It is the case that "if the value is to be reduced remarkably if it is divided in kind", even if the co-owner is a person, it shall be divided in kind.