1. The sale price shall be 31,405 square meters of the SeopoposiD farm site, which remains after deducting the auction cost from the sale price.

Basic facts are companies established for the purpose of golf course construction and operation, accommodation, etc.

The Plaintiff is currently holding land, including Jeju City E-E farm site 182,572 square meters, and currently operating a marina (hereinafter “instant marina”) with the trade name of F on the ground of the above land.

On February 20, 2014, the Plaintiff purchased shares of 29,421/31,405 out of the above land for the purpose of installing tourist facilities on the Seopoposi site 31,405 square meters adjacent to the instant resort site (hereinafter “instant land”), and completed the registration of ownership transfer on March 28, 2014.

However, on December 27, 2007, the Defendant purchased shares of 1984/31,405 out of the above land and completed the registration of ownership transfer on February 4, 2008.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Gap evidence No. 2, Eul evidence No. 3-1 through 3, and the result of the on-site verification by this court, according to the above facts of recognition, the plaintiff and defendant co-ownership of the land of this case. Thus, one of co-owners can file a claim for partition of co-owned property against the defendants, other co-owners pursuant to Article 268(1) of the Civil Act.

In principle, partition of co-owned property according to legal principles regarding the method of partition shall be made in kind as long as a reasonable partition can be made according to the share of each co-owner. If it is impossible to divide in kind or if the value is likely to be substantially damaged due to the division, the price thereof shall be divided through auction.

(Article 269(2) of the Civil Act: Provided, That the requirement that "it shall not be divided in kind" in the payment shall not be physically strict interpretation, but shall include cases where it is difficult or inappropriate to divide the property in kind in light of the nature, location, area, use situation, use value, etc. of the article jointly owned, and the use value after the division.

(See Supreme Court Decision 2002Da4580 delivered on April 12, 2002, etc.).