A. As to the Plaintiff, the Defendant, and the designated parties (hereinafter “Defendant, etc.”) with respect to the size of 2,363 square meters in Chungcheongnam-gun budget, Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “instant land 1”) and D 588 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant land 2”), the fact that the Plaintiff, the Defendant, and the designated parties (hereinafter “Defendant, etc.”) (hereinafter “Defendant, etc.”) have completed the registration of ownership transfer according to their co-ownership shares indicated in the attached Table in the co-ownership sheet, and that no agreement was reached between the Plaintiff and the Defendant, etc. on the method of dividing each of the instant land by the closing date of the argument in the instant case is not in dispute between the parties, or that it is recognized by each description in subparagraph 1-2 and subparagraph 1-2.

B. According to the above facts of recognition 1, since the Plaintiff and the Defendant, etc. can be presumed to co-ownership of each co-ownership indicated in the “current co-ownership share” column in the attached Form’s co-ownership share sheet, the Plaintiff may file a claim against the Defendant, etc. for partition of each land of this case.

The lawsuit of partition of co-owned property is a formative lawsuit, and it means to resolve the co-ownership relation as to the objects of co-ownership with the objects of co-ownership through the exchange or sale of shares between co-owners. As such, the court shall make a reasonable partition according to the share ratio of co-owners depending on the relation of co-ownership or the overall circumstances of the objects of co-ownership with free discretion, not by the method requested by the

(see, e.g., Supreme Court Decisions 93Da27819, Dec. 7, 1993; 97Da18219, Sept. 9, 1997). In addition, in a case of dividing land, the area of the land acquired by each co-owner should be equal to that of the co-owner’s co-ownership, but it is not necessarily required to be divided in such a way.