A. On January 9, 2014, the Plaintiff acquired ownership of 9/10 of D’s co-ownership shares due to compulsory sale by official auction, and the Defendant owns the remaining co-ownership of 1/10 of D’s co-ownership.

B. The plaintiff and the defendant did not agree on the partition of co-owned property as to the land of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, the purport of the whole pleadings

2. Determination

A. The Plaintiff and the Defendant, the co-owner of the instant land, did not reach an agreement on the method of partition, and thus, the Plaintiff may seek a partition of co-owned property on the instant land against the Defendant.

(b) Co-owned property partition by judgment on the method of partition shall, in principle, be divided in kind as far as the rational partition according to the co-owners' shares can be made;

The following circumstances are acknowledged in full view of the evidence mentioned above, Eul evidence Nos. 1, 2, 3, Eul evidence Nos. 4-1 through 32, the results of the on-site inspection conducted by this court, and the overall purport of the pleadings in the course of each survey appraisal conducted by the Korea Cadastral Corporation E.

① The Defendant planted pine trees, etc. at the lower end of the instant land.

In this court's on-site inspection, the defendant pointed out the location of pine trees, etc. and connected the boundary to each point of the defendant's allegation No. 1, 2, and 3.

② 별지 3 피고 주장 도면 표시 1 내지 19, 1의 각 점을 순차로 연결한 선내 ㈎부분 1,884㎡ 아래에 접해 있는 토지들은 피고 남동생 F 또는 피고의 소유이고, 위 도면의 G 전 278㎡, H 전 152㎡는 피고의 부친 망 I의 명의로 남아 있다.

② 별지 3 피고 주장 도면 표시 3, 4, 5의 각 점을 순차로 연결한 선은 석축중앙이고, 표시 5, 6, 7, 8의 각 점을 순차로 연결한 선은 BL담장외벽선이며, H 전 152㎡에 위치한 선내 ㈏부분은...