1. The Guro-gu Seoul Metropolitan Government 23m2 shall be placed at an auction and the remainder after deducting the auction cost from the price shall be attached thereto.

According to the record of Gap evidence No. 1, the plaintiff and the defendants shared at each ratio of 23 square meters in the attached Table of co-ownership in Guro-gu Seoul Metropolitan Government.

Article 57(1) of the Building Act and Article 80 of the Enforcement Decree of the Building Act shall be divided into at least 60 square meters for a site where a building is located, and in the case of a site without a building, Article 56(1)4 of the National Land Planning and Utilization Act and Article 51(1)5(b) of the Enforcement Decree of the same Act.

In order to divide land below the partition-restricted area under Article 57 (1) of the Building Act pursuant to the item, permission for development activities shall be obtained.

The instant real estate itself constitutes a site less than the minimum size under the Building Act, and no data was submitted that the Plaintiff or Defendants actually used the instant real estate.

There is no material to see that there exists a consultation on partition of co-owned property between the plaintiff and the defendants, and it is difficult or inappropriate to divide the property in kind in light of the size of real estate and the shares of the parties, the nature of the co-owned property, the use value after the

Therefore, the court shall order the plaintiff and the defendants to divide the amount remaining after deducting the auction cost from the proceeds of the sale from the auction, by distributing the amount in proportion to each share listed in the separate shares list, and the litigation cost shall be borne according to each share ratio.