1. The plaintiff 8.3.3 shall sell Seongdong-gu Seoul Metropolitan Government 51.2 square meters to auction and the remaining amount after deducting the auction expenses from the price.

In addition to the statement Nos. 1 and 3, the Plaintiff and the Defendant share the share of the Plaintiff 8.3/15.5 and the Defendant 7.2/15.5 of Seongdong-gu Seoul Metropolitan Government (hereinafter “instant land”) at the share ratio of 51.2m2m2 (hereinafter “instant land”), and it can be recognized that the Plaintiff and the Defendant did not reach an agreement on the method of partition of the instant land until now, and thus, the Plaintiff may file a claim against the Defendant for partition of jointly owned property pursuant to Articles 268 and 269 of the Civil Act.

In principle, the division of the jointly-owned property by judgment may be divided in kind, but if it is impossible to divide it in kind or if the value of the article is likely to be significantly reduced, an auction may be ordered. In the payment division, the requirement that the "undivided in kind" shall not be physically strict interpretation, but it shall include cases where it is difficult or inappropriate to divide it in kind in light of the nature, location, area, use status, the value of use after the division, etc. of the jointly-owned property in kind.

(See Supreme Court Decision 2002Da4580 delivered on April 12, 2002). In addition to the purport of the entire pleadings with respect to this case’s health room and the statement of evidence Nos. 1 through 3, it can be known that the land of this case is used as a site for a house located on the ground as a whole, and if there are circumstances, it is appropriate to divide the land by auction rather than by dividing it in kind.

Therefore, it is so decided as per Disposition by ordering that the land of this case should be put up for auction and the remainder after deducting the auction cost from the price shall be distributed at the respective shares of the plaintiff and the defendant.