1. The remainder of the amount calculated by deducting the auction cost from the proceeds by selling the 3,960 square meters to the auction of the Gangwon-gun, Gangwon-do.

The Plaintiff and the Defendant shared 3,960 square meters prior to Gangwon-gun, Gangwon-gun C (hereinafter “instant land”) at each share of 1/2. The Plaintiff demanded the Defendant to divide the instant land, but the Plaintiff did not reach an agreement on the method of division between the Plaintiff and the Defendant up to the closing date of the instant pleadings.

(C) The Plaintiff and the Defendant, the co-owner of the instant land, did not reach an agreement on the method of partition of the land. As such, the Plaintiff may file a judicial claim against the Defendant for the partition of the instant land pursuant to Article 269(1) of the Civil Act.

In full view of the following circumstances that can be recognized by comprehensively taking into account the aforementioned facts and the purport of the entire pleadings, namely, the Plaintiff filed the instant lawsuit by requiring the division of the land in kind, such as the written purport of the claim, but the Defendant and the Defendant wanted to divide the proceeds from the auction if the agreement on the method of division was not reached with the Defendant, and the Defendant consented to the method of in-kind division as presented by the Plaintiff (the Defendant agreed to the method of in-kind division as presented by the Plaintiff on the date of mediation, and the court decided to recommend settlement in accordance with the method presented by the Plaintiff after undergoing the survey appraisal procedure, but the Defendant asserted that the survey appraisal was not properly conducted, and raised an objection to the decision of recommending settlement), and the Plaintiff also has the means of division initially presented (the Defendant raised an objection to the decision of recommending settlement with the content of subdivision different from the method presented by the Plaintiff). Considering all the various circumstances, it is difficult or reasonable to divide the instant land in kind in consideration of the size, location, use situation, use value after the division, market value, etc.

Therefore, this case's land is put up for auction and from its price.