[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Co-owners who have created the right to claim partition of co-owned property may claim a partition of the co-owned property (main sentence of Article 268 (1) of the Civil Act), and if the consultation as to the method of partition of the co-owned property has not been reached, co-owners may request a court for partition, and if it is impossible to divide in kind or the value thereof might be reduced remarkably due to such partition, the court may order

(Article 269 of the Civil Act) Pursuant to Article 269 of the Civil Act, the Plaintiff, a co-owner, may request the Defendants, other co-owners, to divide

3. Co-owned property partition method 1) In principle, partition of co-owned property based on the relevant legal doctrine shall be conducted in kind as far as it is possible to make a rational partition according to each co-owner's share. However, even if it is impossible or possible in kind, if the price might be reduced remarkably, the so-called price division shall be made by ordering the auction of the co-owned property to divide the price. In payment division, the requirement does not physically strict interpretation, but includes cases where it is difficult or inappropriate to divide the co-owned property in kind in light of the nature, location, size, use situation, commercial value after the division, etc. of the co-owned property (see, e.g., Supreme Court Decisions 92Da30603, Jan. 19, 1993; 2002Da4580, Apr. 12, 2002).