1. The remainder of the amount calculated by deducting the auction cost from the proceeds of the sale by selling the 175m2 in the voice-gun of Chungcheongbuk-gun for auction;

The Defendant completed the registration of ownership transfer with respect to 1/3 of the 175 square meters of Yari-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant land”) on June 28, 1996, the Plaintiff acquired 1/3 of the instant land among the instant land through each auction procedure on March 18, 2019, and 1/3 of the instant land on June 19, 2019. The instant land is recognized pursuant to Article 257 of the Civil Procedure Act, where the area of the instant land is small to the extent that it is impossible to divide the land in kind as farmland and the Defendant did not reach an agreement on division between the Plaintiff and the Defendant.

According to the above facts of recognition, consultation on partition of co-owned property on the land of this case has not been formed and it is impossible to divide the land of this case in kind in kind, so it is difficult or inappropriate to divide the land of this case in kind.

Therefore, it is reasonable to distribute the remaining amount after deducting the auction cost from the price by selling the land in this case by auction to each share of ownership of the plaintiff and the defendant.

If so, the plaintiff's claim is justified.