The defendant shall make a partition of co-owned property as to 50/813 shares in the attached list from the plaintiff.

A. The deceased C purchased the instant real estate on February 24, 1971 and completed the registration of ownership transfer on May 15, 1981. On March 20, 1995, the deceased C completed the registration of ownership transfer on the ground of sale on the portion of 50/813 shares to F, the owner of the instant real estate (the land was sold to E during the voluntary auction procedure on September 17, 2004).

B. On December 26, 2006, with respect to the portion of the real estate in the name of the deceased C among the real estate in this case, the registration of ownership transfer was completed due to the inheritance under the name of the defendant, who is the spouse of the deceased C, and on December 12, 2017, with respect to the portion of F 50/813, the registration of ownership transfer was completed due to a compulsory auction under the name of the plaintiff on December 12, 2017.

C. On March 28, 1983 and March 28, 1993, the real estate of this case was constructed with a total of three detached houses or warehouse facilities approved for use. On October 5, 1981, the defendant, who completed the move-in report at the location of each building above, owns the building at present.

Until the closing date of the instant case, the Plaintiff and the Defendant, co-owners of the instant real estate, did not reach an agreement on the method of partition

(Plaintiff submitted a written withdrawal of the lawsuit to this court on August 28, 2018, but the Defendant consented to the withdrawal of the lawsuit). [Grounds for recognition] The fact that there is no dispute, Gap evidence 1 through 5 (including those with a serial number; hereinafter the same shall apply), Eul evidence 1 through 3, the purport of the whole pleadings, and the purport of the whole pleadings.

2. Determination

A. As a litigation over the partition of co-owned property, one part of the co-owned property claim is a litigation over formation, and the co-owned property subject to co-ownership through mutual exchange or sale of shares between co-owners is the sole owner, and the co-owned relation as to the said objects is resolved. Thus, the court shall not seek a method by the person claiming partition of co-owned property, and shall be reasonable according to the co-owner’s share ratio according to the whole