Of D Forest land 830 square meters (hereinafter “D land”), E owns 331/830 square meters, F owns 166/830 shares, and the Plaintiff owns 333/830 shares. On September 19, 2020, the Plaintiff purchased 16/830 shares from E in KRW 20 million, and 26/830 shares in KRW 166/830 from F.

B. In addition, the Defendant owns each share of 178/905 shares and the Plaintiff’s share of 727/905 shares in Seosan-si, Seosan-si, located adjacent to D land (hereinafter “instant land”). However, there was no partition agreement on the said land.

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

3. Method of partition of co-owned property;

A. The relevant legal principles are, in principle, divided in kind in a case where a co-owner dividess co-owned property through a trial because there is no agreement between the co-owners, and if the value of the co-owned property is likely to be significantly reduced due to the division in kind or by the spot, the court may sell the co-owned property by auction

(Article 269 of the Civil Act). It is recognized that it is reasonable to acquire the pertinent jointly owned property to a specific person, taking into account the causes of the co-ownership relationship, the ratio of co-ownership to co-ownership, the economic value in the case of division, and the wishes of co-owners about the method of division, and the acquisition of the price of the co-ownership to other co-owners is not detrimental to the substantial fairness of co-owners. In special circumstances where it is recognized that acquiring the co-ownership is not detrimental to the substantial fairness of co-owners, the co-ownership shall be owned by one of the co-owners