Co-owners may request a partition of the article jointly owned (main sentence of Article 268(1) of the Civil Act), and if the agreement on the method of partition of the article jointly owned is not reached, the co-owners may request a court to divide it, and if it is impossible to divide it in kind or the value thereof is likely to decrease remarkably due to the division, the court may order the auction of the article.

(Article 269 of the Civil Act). Accordingly, the Plaintiff, a co-owner of the instant land, may file a claim against the Defendant, who is another co-owner, to divide the instant land.

2. In principle, partition of co-owned property by judgment on the method of partition of co-owned property shall be made in kind as far as it is possible to make a rational partition according to each co-owner's share. However, if it is impossible to divide in kind or it is possible in form, if the price might be reduced remarkably as a result thereof, it shall be made by the method of partition, such as an auction of the co-owned property,

The requirement of "shall not be divided in kind" in the payment for sale does not physically strictly interpret it, but includes cases where it is difficult or inappropriate to divide the property in kind in light of the nature, location, area, use status, commercial value after the division, etc. of the article jointly owned.

(See Supreme Court Decision 92Da30603 delivered on January 19, 1993, and Supreme Court Decision 2002Da4580 delivered on April 12, 2002, etc.). The following circumstances acknowledged by the result of fact-finding and the purport of the entire pleading as to the Kimcheon market of this Court, i.e., the land of this case, the implementation guidelines of the district unit planning for the Gyeongcheoncheon Innovation City.