1. The land listed in the separate sheet shall be put to an auction for the remaining money after deducting the auction cost from the price;

1. In full view of the purport of the entire pleadings as to the establishment of the co-owned property partition claim No. 1-2, the Plaintiff and the Defendants, among each land listed in the separate sheet (hereinafter “instant land”), may recognize the facts that each co-owned share listed in paragraph (1) was owned, and that there was no agreement between the Plaintiff and the Defendants on the partition of co-owned property as to each of the instant land.

According to the above facts of recognition, the Plaintiff may claim against the Defendants the partition of each of the instant lands pursuant to Article 269(1) of the Civil Act.

2. In a lawsuit for partition of co-owned property, the court shall issue an order for partition in accordance with the ratio of shares in a reasonable manner, comprehensively taking into account the co-ownership relation or the overall situation of the property which is the object thereof. In principle, the partition of co-owned property by judgment shall be made in kind. However, even if it is impossible in kind or it is possible in form, if the price is likely to decrease substantially, the auction of the co-owned property shall be ordered, the price shall be divided, and the price shall be reduced remarkably due to the spot partition. Here, "The price of the co-owned property shall be reduced remarkably due to the spot partition" includes not only the case where the exchange value of the co-owned property is significantly reduced due to the spot partition, but also the case where the value of the property to be owned independently by the spot partition becomes significantly decreased compared to the share value of the co-owner before the partition of co-owned property (see, e.g., Supreme Court Decision 9Da6746, Jun. 11, 199).