A. In Naju-si, Q, R, and S shared 1/3 shares each of the instant real estate owned by Q, R, and S. However, on November 5, 2014, the Plaintiff was awarded a successful bid for the said S’s share in the compulsory auction procedure for 1/3 shares among the instant real estate and completed the registration of ownership transfer on January 21, 2015.

B. Q succeeded to Q on August 9, 1975 to the 2/13 ratio of shares of Defendant B, who was his wife, Defendant C, D, E, F, and G, and the 2/13 ratio of shares. R died on March 28, 1996. The wife succeeded to the 3/17 ratio of shares of Defendant H, I, J, K, L, M, M, and N, each of the 2/17 ratio of shares of Defendant H, I, J, K, L, M, and N, who were their children, on October 2, 2012. < Amended by Act No. 11373, Oct. 2, 2012>

C. No agreement was reached between the Plaintiff and the Defendants on the method of dividing the instant real estate until the closing date of the instant argument.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts acknowledged as above, the plaintiff as co-owned share holder of the real estate of this case and the remaining co-owned share holder can claim co-owned property partition against the defendants as to the real estate of this case.

B. According to Article 269 of the Civil Act of the method of partition, when there is a claim for partition of the article jointly owned, the court may order the auction of the article in kind or when the value of the article is likely to be reduced remarkably due to the division. Thus, the court shall, in principle, divide the article in kind, barring such circumstances as above. Thus, it is possible to divide the article in kind and there is a need to do so, and there is no possibility that the value may be reduced remarkably due to the division. However, there is no reasonable method to divide the article acquired by each co-owner in kind in kind in order to prevent any excess of the price of the article in kind and the value of the share.