A. Defendant B 1/7 shares, Defendant (Appointed Party; hereinafter “Defendant”) (Appointed Party; hereinafter “Defendant”) C2/7 shares, appointed parties E2/7 shares, designated parties D1/7 shares, G1/7 shares, and G1/7 shares, respectively, with respect to the land of this case and the land of this case 87.27 square meters (hereinafter “instant land and building”).

B. On April 27, 2015, the Plaintiff completed the registration of ownership transfer on April 20, 2015 with respect to the Plaintiff’s 1/7 portion among the instant land and the instant building due to a compulsory auction on April 20, 2015, and H completed each registration of ownership transfer claim as to the Plaintiff’s 1/7 share among the instant land and the instant building on May 22, 2015.

C. The instant land is in the shape of a studio, and the instant building is located on the west side of the instant land.

Until the date of the closing of argument in this case, consultation on the division method of the land and the building in this case was not reached between the plaintiff, the defendants and the designated parties.

Grounds for recognition: A1-3, B-2, 4 (including the number with each number), the whole purport of the pleading.

2. Determination

A. According to the above recognition of the co-owned property partition claim, the Plaintiff, one of the co-owners of the instant land and building, may claim the partition against the Defendants, the other co-owners, and the designated parties at any time.

However, the plaintiff's claim for partition of co-owned property as to the land and building in this case is justified, since the agreement on partition of co-owned property was not established between the defendants and the designated parties.

(b) If the co-owned property is divided by a judgment on the method of partition of co-owned property, in principle, by dividing it in kind, or in kind, or if it is impossible to divide it in kind or if the value thereof is apprehended to decrease remarkably, an auction of the co-owned property may be ordered to be paid in installments;

Here, “undivided in kind” cannot be divided.