1. Division of the jointly-owned property may be selected at will if there is an agreement among the co-owners, but if the jointly-owned property is divided by a trial due to the failure to reach an agreement, the court shall, in principle, divide it in kind. If it is impossible to divide it in kind or if it is possible to divide it in kind, the price can be paid off by ordering the auction of the goods only when the value of the property is likely to be significantly reduced. Thus, barring the above circumstances, the court shall render a judgment that recognizes the sole ownership of each co-owner for the divided property by dividing the jointly-owned property into several goods in kind according to the share of

In addition, the method of division is not a way requested by the parties, but a reasonable division is made according to the share ratio of co-owners according to the court's discretion, depending on the situation of the co-ownership relation or the object of the division. If multiple persons divide an object jointly in kind, it shall be deemed that the division in kind is permitted within the share limit of the party's claim and the remaining co-owners who do not want the division are allowed to remain in common.

(see, e.g., Supreme Court Decisions 91Da27228, Nov. 12, 1991; 93Da27819, Dec. 7, 1993; 2003Da27819, Dec. 7, 2003). However, on the ground that the claimant for subdivision claims in kind for the share of the other party, the other party’s claim for the share of the other party, and the other party’s claim for the share of the other party’s share of the share, the said party may not continue to share the other party.

2. 기록에 의하면, 피고들은 원심에서 원고(선정당사자)가 구하는 이 사건 건물의 분할방법, 즉 이 사건 건물을 원심판결 별지 도면과 같이 세로방향으로 나눈 후 그 중 ㈎, ㈏ 부분은 원고(선정당사자)와 선정자들의 공유로, ㈒, ㈓ 부분은...