1. The plaintiff shall sell the 40m2 in Pyeongtaek-si I to auction and deduct the auction expenses from the proceeds of the sale.

1. In full view of the purport of the entire arguments in the statement Nos. 1 and 2 as to the claim for partition of co-owned property, the Plaintiff and the Defendants shared the land of Pyeongtaek-si I and 40 square meters (hereinafter “instant land”) according to the pertinent ratio indicated in the separate sheet, and it is recognized that no agreement was reached between the Plaintiff and the Defendants regarding the method of partition of the instant land by the closing date of pleadings.

According to the above facts, the Plaintiff may seek a judicial partition against the Defendants, who are the remaining co-owners of the instant land.

2. In principle, division of co-owned property by judgment on the method of partition of co-owned property shall be conducted in kind as long as it is possible to make a reasonable partition according to the share of each co-owner; however, the requirement of “undivided in kind” in the payment division does not physically strictly interpret it physically, but includes cases where it is difficult or inappropriate to divide the co-owned property in kind in light of the nature, location, area, situation of use, use after the partition, use value, etc.

(2) Article 57(1) of the Building Act provides that “The land on which a building is located shall not be excessively partitioned within the scope prescribed by municipal ordinance of the relevant local government within the extent prescribed by Presidential Decree” and Article 80 of the Enforcement Decree of the Building Act provides that “the scope prescribed by Presidential Decree in Article 57 of the Building Act shall be 150 square meters in the case of the land located within the commercial area,” and according to the results of the fact-finding on Pyeongtaek-si of this Court, the land in this case is within the general commercial area, and the land in this case is within the area classified as “Dong” as the administrative district like the land in this case.