A. The Plaintiff, Defendant B, C, and D own 1/5 shares in each of the instant land (hereinafter “instant land”) over 2,058 square meters in Nam-si, Namwon-si.

Defendant E, F, G, and H have succeeded to 1/5 of the above land owned by the network J (Death of April 20, 1996) and currently Defendant E owns 3/45 of the above land, Defendant F, G, and H own 2/45 of the above land.

B. The land in this case is farmland, the rearrangement of which is a kind of land for agricultural production infrastructure rearrangement projects under the Rearrangement of Agricultural and Fishing Villages Act on April 2, 1993, is completed.

C. There is no agreement between the Plaintiff and the Defendants prohibiting the division of the instant land, and there is no agreement on the method of dividing the instant land as of the date of closing the argument in the instant case.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-4, fact-finding results for South Korea, the purport of the whole pleadings

2. Determination

A. According to the above acknowledged facts, the Plaintiff, a co-owner of the instant land, and the Defendants, did not reach an agreement on the method of partition of the instant land. Therefore, the Plaintiff may claim a partition of co-owned property on the instant land to the court pursuant to Article 269(1) of the Civil Act.

B. The method of partition of co-owned property is, in principle, divided in kind, but the co-owned property may be divided according to auction only when it is not possible to divide it in kind or the value thereof may be reduced remarkably by division.

(Article 269(2) of the Civil Act provides that farmland for which a project for improving agricultural production infrastructure has been implemented under the Rearrangement of Agricultural and Fishing Villages Act shall not be divided, except where the area of each parcel is divided into more than 2,000 square meters after the division.

According to the above facts, the land of this case is farmland for which light rearrangement, which is a kind of agricultural production infrastructure rearrangement project under the Rearrangement of Agricultural and Fishing Villages Act on April 2, 1993, has been completed, and the area thereof shall exceed 2,000 square meters and the plaintiff and the defendants.