1. He shall sell the Seo-gu, Busan to auction the area of 79.2m2m2 and the remaining amount after deducting the auction expenses from the price shall be attached.

1. Facts of recognition;

A. The Plaintiff and the Defendants shared each share in the Seo-gu, Seo-gu, Busan (hereinafter “instant site”) 79.2 square meters.

B. The Plaintiff demanded the Defendants to divide the instant site, but no agreement was reached between the Plaintiff and the Defendants on the method of division until the closing date of the instant argument.

[Grounds for recognition] Gap 1's entry and purport of the whole pleading

2. Determination

A. According to the above facts of recognition, the Plaintiff sharing the instant land and the Defendants did not reach an agreement on the method of partition. Therefore, the Plaintiff, a co-owner, may file a claim against the Defendants, who are other co-owners, for the partition of the instant land.

B. In principle, partition of co-owned property based on a judgment on the method of partition of co-owned property shall be divided in kind as long as it is possible to make a reasonable partition according to the share of each co-owner, or the requirement that it is not physically strict interpretation, but physically strict interpretation. It includes cases where it is difficult or inappropriate to conduct partition in kind in light of the nature, location or size of the co-owned property, use situation, use value

It includes the case where the value of the portion to be owned by a person in kind is likely to be significantly reduced if it is divided in kind, and it also includes the case where the value of the portion to be owned by a person in kind may be significantly reduced than the value of the share before the division, even if he/she is a person of a co-owner.

(See Supreme Court Decision 2002Da4580 delivered on April 12, 2002, etc.). We examine the following: (a) it seems difficult to draw a reasonable division proposal to satisfy all the co-ownership share holders of the instant case; (b) it appears that some Defendants did not appear on the date for pleading of the instant case; and (c) the instant site is a site on which a building is located on that ground, and is subject to the restriction on the minimum size of the partitioned area.