A. The Plaintiff and the Defendants owned 1/5 shares of co-ownership in relation to 148734m2 (hereinafter “instant land”).

B. Until the date of the closing of the instant argument, no agreement on the method of dividing the instant land was reached.

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

2. Determination

A. According to the above recognition facts, the Plaintiff, a co-owner of the instant land, may file a claim for partition of the instant land against the Defendants, another co-owner, pursuant to Article 269(1) of the Civil Act.

B. According to a trial on partition of co-owned property, if the co-owned property is divided in kind, in principle, if it is impossible to divide it in kind or if the value thereof is likely to be significantly reduced, an auction of the co-owned property may be ordered. Here, the requirement includes cases where it is physically impossible to divide the co-owned property, and where it is difficult or inappropriate to divide it in kind in light of the nature, location or size of the co-owned property, the situation of its use, the use value after the division, etc. In addition, it includes cases where it is difficult or inappropriate to divide it in kind even if the co-owner’s property is divided in kind, if the value thereof might be significantly reduced compared to the share value of the property before the division (see, e.g., Supreme Court Decisions 92Da30603, Jan. 19, 1993; 2010Da2675, Dec. 10, 2015).