The Plaintiff (Appointed Party) and the designated parties indicated in the list of the designated parties attached thereto (hereinafter collectively referred to as “Plaintiff, etc.”), and the Defendant shared D 3038.9 square meters (hereinafter referred to as “instant land”) in proportion to the shares of each of 1/4.

Plaintiff

No agreement has been reached between the Defendant and the dividing method of the instant land.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, and 1 and 2, and the purport of the right to partition of co-owned property as a whole was not discussed between the plaintiff et al. and the defendant as co-owner of the land of this case. Thus, the plaintiff et al. has the right to partition co-owned property as to the

As to this, the defendant asserted to the effect that there exists a special agreement prohibiting partition on the land of this case, but the evidence submitted by the defendant alone is insufficient to recognize it, and there is no other circumstance to deny the right to partition of co-owned property by the plaintiff, etc., so the above argument

In the case of dividing the jointly-owned property through a judgment on the method of partition of co-owned property, if it is impossible to divide the jointly-owned property in kind or if it is possible to divide the jointly-owned property in kind in kind, the auction of the property may be ordered if the value thereof might be significantly reduced, and the requirement of "undivided in kind" is not physically strict interpretation, but physically strict interpretation is required, and it includes cases where it is difficult or inappropriate to divide the jointly-owned property in kind in light of the nature, location, size, situation of use, and use value after the partition.

In addition, "if the value of the portion is to be reduced remarkably if it is divided in kind," the value of the portion to be owned independently by the co-owner may be reduced remarkably than the value of the share before the division, even if the co-owner is a person.