1. The remaining amount of 1,577 square meters prior to the wife population D shall be put to an auction and the auction cost shall be deducted from the price.

1. As to the land in this case, Plaintiff A shared the share of 860/4731, Plaintiff B’s share of 430/4731, Defendant’s share of 3441/4731, and the fact that agreement on the method of partition of the land in this case was not reached between the Plaintiffs and the Defendant by the date of closing argument in this case does not exist between the parties.

According to the above facts, the plaintiffs, who are co-owners of the land of this case, may file a claim against the defendant, who is another co-owner, for the partition of the land of this case pursuant to Articles 268(1) and 269(1) of the Civil Act.

2. In the case of dividing the jointly-owned property through a trial on the method of partition of co-owned property, if it is impossible to divide it in kind or if it is apprehended to substantially decrease its value, the auction of the property may be ordered to divide it in kind, and the requirement of "not to divide it in kind" shall not be physically strict interpretation, but shall include the case 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, etc. of the jointly-owned property in kind;

The phrase "if the value of the portion is likely to be reduced significantly if it is divided in kind" includes the case where, even if a co-owner is a person, the value of the portion to be owned by him/her is likely to be reduced significantly than the value of the share before the division.

(See Supreme Court Decision 2009Da40219, 40226 Decided September 10, 2009, etc.). In other words, the following circumstances acknowledged by the purport of each entry and pleading in subparagraphs 1 through 3 as a whole: (a) agreement was not reached between the Plaintiffs and the Defendant on the division in kind or by one party to acquire the other party’s shares and to pay the other party’s shares by the date of closing argument; (b) the shape, location, and the land use situation adjacent to the instant real estate and adjacent thereto.