A. The Plaintiff and the Defendants shared each share in the “ownership transfer share” column in the separate sheet as co-owners of the area of 823 square meters prior to the AJ (hereinafter “instant real estate”), the Plaintiff 13/14 shares, and the Defendants shared each share in the “ownership transfer share” column in the separate sheet with the deceased AK’s heir who is a right holder of 1/14 shares.

B. The Plaintiff and the Defendants did not reach an agreement on the method of dividing the instant real estate.

[Ground of recognition] Defendant F: The absence of dispute, each entry in Gap 1-58 evidence (including each number), the purport of the whole pleadings, defendant G, W, and AC: Service by publication (Article 208(2)3 of the Civil Procedure Act). The remaining Defendants: Judgment by deeming confession (Article 208(2)2 of the Civil Procedure Act)

2. Determination

A. According to the above facts of recognition, the Plaintiff, a co-owner of the instant real estate, may file a claim against the Defendants, who are other co-owners, for partition of the instant real estate jointly owned pursuant to Article 269(1) of the Civil Act.

B. As a lawsuit for partition, one method of partition is a litigation for formation, and the co-ownership relation as to the objects of co-ownership is to resolve the co-ownership relation with the objects of co-ownership by exchanging or selling shares among co-owners. As such, the court shall make a reasonable partition according to the co-owners’ share ratio according to the co-ownership relation or all circumstances of the objects, without being able to seek a partition of co-owned property, according to free discretion,

Therefore, it is recognized that it is reasonable to acquire the jointly owned property to a specific person in consideration of the causes of the co-ownership relationship, the ratio of co-ownership, the economic value of the co-ownership in the case of division, the desire of co-owners on the method of division, etc., and there are special circumstances to recognize that acquiring the price of the share to another co-owner does not undermine the substantial