1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The land in this case is owned by the Plaintiff in proportion to 3194/24992 shares, and the Defendant in proportion to 21798/24992 shares.

[Ground of recognition] Unsatisfy, Gap evidence 1

2. The parties' assertion

A. The Plaintiff’s assertion and the Defendants did not enter into an agreement on the method of partition of the instant land, and there was no special agreement prohibiting partition of co-owned property.

In addition, some graveyards exists on the instant land, and the said land is an illegal land as a sloped to the south-east side, and it is a planned control area, agricultural and forest area, a livestock raising restriction area, preserved mountainous district, mountainous district for forestry use, and quasi-preserved mountainous district. Accordingly, the said land is not in kind or is likely to suffer a sharp decrease in its value due to division.

Therefore, the land of this case is divided by auction.

B. Since the land of this case asserted by the defendant can be divided in kind, it is unfair to divide by auction.

3. In the case of dividing the jointly-owned property by a judgment, if it is impossible to divide it in kind or if it is anticipated that its value will be significantly reduced, the auction of the article may be ordered, and in this context, the "undivided in kind" requirement shall not be physically strict interpretation, but it shall include cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, area, utilization status, and the use value after the division, etc. of the article jointly-owned in kind.

The phrase "if the value of the portion is to be reduced remarkably if it is divided in kind" includes the case where the value of the portion to be owned independently by the co-owner may be reduced significantly than the value of the share before the division even if the co-owner's share is divided in kind.

If the article jointly owned is divided by a trial, the court shall divide it in kind.