1. The plaintiff and the plaintiff shall sell the real estate listed in the annex 1 to an auction and deduct the auction cost from the proceeds of the auction.

1. The Plaintiff and the Defendants possess the real estate listed in the attached Table 1 (hereinafter “instant land”) at the corresponding share ratio listed in the attached Table 2.

There was no agreement between the Plaintiff and the Defendants on the method of dividing the instant land.

[Ground of recognition] The entry of Gap evidence Nos. 1 and 2 (including each number number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. According to the above facts acknowledged, the Plaintiff, a co-owner of the land of this case, may file a claim for partition against the Defendants, who are other co-owners, pursuant to Article 269(1) of the Civil Act.

B. In the case of dividing the co-owned property through a trial, if it is impossible to divide it in kind or if it is possible to divide it in kind with the money, the auction of the article may be ordered, and the "undivided in kind" requirement shall not be physically strict interpretation, but it shall include cases where it is difficult or inappropriate to divide the article in kind in light of the nature, location, size, situation of use, use after the division, use value, etc. of the article jointly owned, and the "in case of the division in kind" includes cases where the value of the article to be owned independently by the co-owner might be significantly reduced compared to the share value of the article before the division, even if the co-owner's sale in kind is made, it includes cases where it is difficult or difficult to fully reduce the sale price of the article to be owned by the owner in kind, in light of the circumstances as set forth in subparagraphs 1 through 4 of this case and the remaining auction expense are deducted from the auction expense of this case (see Supreme Court Decision 2009Da40219, 4026, Sep. 10, 209).