A. The Plaintiff and the Defendant shared the share of 1/2 shares, respectively, on each of the two lands, the size of 447 square meters and the size of 3,343 square meters (hereinafter referred to as “each land”) prior to the Gangseo-gu Seoul Special Metropolitan City and the size of 3,343 square meters prior to the said D.

B. As of the date of closing argument of the instant case, no agreement was reached between the Plaintiff and the Defendant on the method of dividing the instant land.

[Reasons for Recognition] Unsatisfy, entry of evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts acknowledged as above, the Plaintiff may claim a partition against the Defendant, who is another co-owner, pursuant to Article 269(1) of the Civil Act.

B. Co-owned property partition method 1) Division of co-owned property may be selected at will if the co-owners reach an agreement, but if the co-owned property is divided through a trial due to the failure to reach an agreement, the court shall in principle divide it in kind. The court may issue an order for auction of the property only when the value of the property is likely to be significantly reduced if the co-owned property is divided in kind or in kind. Thus, barring such circumstances, the court shall rule that the co-owned property shall be divided into several items in kind, and each co-owner's sole ownership shall be recognized for the divided property according to the share ratio of each co-owner. The method of division shall be a reasonable division according to the share ratio of the co-owner according to the co-owner's co-owned relation or all the circumstances of the things which are the objects of the co-owner's co-owned at the court's discretion, instead of the method requested by the parties.