[Ground of recognition] Defendant C: Each entry in the evidence Nos. 1 and 2 (including each number), the T-Myeon Office, U. office, V-Myeon Office, and the fact-finding results in the fact-finding on the City of Incheon, the remaining Defendants except Defendant C, the purport of the entire pleadings, i.e., confession (Article 150 of the Civil Procedure Act)

2. Determination

A. According to the above facts acknowledged as above, the Plaintiffs, co-owners of each real estate of this case, can file a claim for partition against the Defendants, other co-owners, pursuant to Article 269(1) of the Civil Act.

B. In principle, partition of co-owned property in kind can be divided in accordance with the share of each co-owner. However, even if it is impossible in kind or it is possible in form, if the value of the co-owner's co-owned property might be significantly reduced, the so-called price division can be made by ordering the auction of the co-owned property, but in the price division, it cannot be divided in kind. It is not physically strict interpretation. It includes cases where it is difficult or inappropriate to divide the co-owned property in kind in light of the nature, location, area, use situation, use value after the division, etc. of the co-owner's co-owner's property, and it also includes cases where the value of the co-owner's co-owner's co-owner's property might remarkably decrease compared with the share value before the division (see, e.g., Supreme Court Decision 200Da4284, Apr. 12, 202).