1. The Plaintiff shall sell the D Forest land 2,398 square meters to an auction and the remaining money which remains after deducting the auction cost from the price.

1. Facts of recognition;

A. As to D forest land 2,398 square meters (hereinafter “instant land”), the Plaintiff owned 1/2 shares, and the Defendants, as married couple, shared 1/4 shares, respectively.

B. The instant land is located in an urban area, natural green area, etc., and its form is not specified as shown in the attached drawing, and one grave is located on board the ship indicating the attached drawing(s).

C. The Plaintiff and the Defendants did not reach an agreement on the partition of co-owned property by the date of closing the argument in this case.

[Evidence Evidence: Each entry of Gap evidence Nos. 1 through 5 or the purport of whole pleadings and arguments]

2. Determination

A. According to the above recognition of the co-owned property partition claim, the Plaintiff, a co-owner of the instant land, may claim the partition of the pertinent land against the Defendants, who are co-owners.

B. A method of partition of co-owned property 1) In a case where a co-owned property is divided in kind with a judgment, if it is impossible to divide it in kind or if it is possible to divide it in kind with the value, the auction of the property may be ordered, and “the co-owned property shall not be divided in kind” here is not physically strict interpretation but physically strict interpretation. It includes cases where it is difficult or inappropriate to divide it in kind in light of the nature, location, size, utilization situation, use value after the division (see, e.g., Supreme Court Decision 2009Da40219, 40226, Sept. 10, 2009).

In addition to the following circumstances revealed by the above recognized facts and recognized evidence, namely, the location, form, area of the land of this case, the existence of graves, and the value of use of each part after the spot partition, it is difficult to find an appropriate method of spot division that gives economic satisfaction in accordance with the respective shares of the Plaintiff and the Defendants, and ② it is divided in kind between the Plaintiff and the Defendants.