1.The answer C 389 square meters for the racing shall be put to an auction and the remaining amount after deducting the costs of the auction from the proceeds.

1. Facts of recognition;

A. The Plaintiff (Appointed Party; hereinafter “Plaintiff”), the Appointed Party D, and the Defendant shared the real estate indicated in the disposition (hereinafter “instant real estate”) at each ratio set forth in paragraph (1) of this Article.

B. The division agreement on the instant real estate was not reached between the Plaintiff, Appointor D and the Defendant, and there is no agreement prohibiting division.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts of recognition, the Plaintiff, the co-owner of the instant real estate, and the Appointor D may claim a partition of the instant real estate to the Defendant, the other co-owner, pursuant to Article 269(1) of the Civil Act.

B. In principle, the partition of co-owned property by an erroneous judgment shall be made in kind as long as a reasonable partition can be made according to the share of each co-owner. However, if it is impossible to divide in kind or in kind or if it is apprehended that the value might be reduced remarkably, an auction may be ordered to divide in kind. In the payment, the requirement that “it may not be divided in kind” is not physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide in kind in consideration of the nature, location, area, use situation, use value after the division, etc. of co-owner's share.

(see, e.g., Supreme Court Decision 2009Da40219, 40226, Sept. 10, 2009). With respect to the instant case, the category of the instant real estate is “responding”, and the Plaintiff’s share is 1/20, and the Plaintiff’s share is about 64 square meters (=1,286 square meters (389 square meters) x 1/20) of the area that the Plaintiff is to own solely at the time of the division in kind as 1/20, and is likely to cause a decrease in its value, and is likely to cause a decrease in its value, Articles 56(1)4 and 58(3) of the National Land Planning and Utilization Act, Articles 51(1)5 and 56(1) and attached Table 1-2 of the Enforcement Decree of the same Act.