A. On February 1, 2001, the Plaintiff and the Defendant jointly purchased each real estate listed in the separate sheet (hereinafter “instant land and building”) from C on March 27, 2001, and completed the registration of transfer as to the land listed in paragraph (1) of the attached sheet (hereinafter “instant land”) on March 27, 2001, the Plaintiff’s share 119/274, the Defendant’s registration of transfer as to the shares of 15/274, the Defendant’s registration of transfer as to the shares of 15/274, and the building listed in paragraph (2) of the attached sheet (hereinafter “instant building”) listed in paragraph (2) of the attached sheet (hereinafter “Attachment No. 2,” and the building listed in paragraph (b) as “instant annexed building”).

나. 위 매수 당시부터 현재까지 원고는 이 사건 건물(등기부 및 대장상 면적은 153.60㎡이나, 실제 면적은 164㎡이다) 중 별지 도면 표시 ㅈ, ㅌ, ㅋ, ㅊ, ㅈ의 각 점을 차례로 연결한 선내 (다)부분 61㎡를, 피고는 이 사건 건물 중 별지 도면 표시 ㅈ, ㅌ, ㅍ, ㅎ, ㅈ의 각 점을 차례로 연결한 선내 (라)부분 103㎡을 점유, 사용하였다.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Gap evidence No. 10-1 through 7, appraiser D's appraisal result, the purport of the whole pleadings

2. Determination

A. According to the above facts acknowledged as the existence of the right to partition of co-owned property, the plaintiff and the defendant are presumed to share the land and buildings of this case in their respective shares. The plaintiff attempted to partition of co-owned property of this case with the defendant and the building of this case prior to the lawsuit of this case, but the agreement was not concluded, since there was no dispute between the parties, the plaintiff has the right to

B. Division of one method of partition of co-owned property may be chosen at will if the co-owners reach an agreement, but if the co-owned property is divided by trial because the agreement has not been reached.