A. The Plaintiff and the Defendants shared the area of 3995 square meters (hereinafter “instant land”) in the Republic of Korea, Jeonnam-do as indicated in the separate shares of co-ownership.

B. There is no separate agreement between the Plaintiff and the Defendants on the prohibition of partition regarding the instant land, and no agreement on division has been reached until the date of closing the argument in the instant case.

[Grounds for Recognition: Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings]

2. According to the above facts, one of the co-owners of the land of this case may file a claim against the Defendants for the partition of the land of this case based on his co-ownership.

In principle, partition of co-owned property by judgment shall be made by the method of in-kind division as long as a reasonable partition can be made according to the share of each co-owner, but if it is impossible to divide in-kind or even if it is possible in-kind, if the price may be reduced remarkably due to such cause, it shall be made by the method of so-called payment division ordering the auction of the co-owned property to divide

In addition, the requirement that the "in-kind cannot be divided into goods" is not physically strict interpretation, but formally, it is possible to divide the goods into goods.

Even if it is difficult or inappropriate to divide the article jointly owned in kind in light of the nature, location, area, use status, value after the division, share ratio of co-owners, etc.

(2) Article 22(2)3 of the Farmland Act provides that “The land in this case shall be divided only where the area of each parcel is at least 2,000 square meters after the division is at least 2,00 square meters, and the area of the land in this case shall be the area of the land in this case.”