A. As of February 20, 2019, Plaintiff B shared 365/636 shares, Plaintiff A’s 183/636 shares, and F 88/636 shares, respectively. < Amended by Presidential Decree No. 20420, Feb. 20, 2019>

B. As F is confirmed to have died on March 5, 1967, the Defendants, as their successors, share the instant real estate with the Plaintiffs as shown in the attached Table 3’s shares.

C. There is no separate agreement between the Plaintiffs and the Defendants on the prohibition of division regarding the instant real estate, and there is no agreement on division.

As of May 4, 2020, the market price of the instant real estate as of May 4, 2020 is KRW 474,903,00.

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, the result of the market price appraisal of appraiser G by this court, the purport of the whole pleadings

2. Determination

A. Division of an article jointly owned may be selected at will if the co-owners reach an agreement, but if the article jointly owned is divided by a trial due to the failure to reach an agreement, the court shall, in principle, divide it in kind. If it is impossible to divide it in kind or if it is possible to divide it in kind, the value of the article may be reduced remarkably, the auction of the article may be ordered to be paid in installments.

In addition, the lawsuit for partition of co-owned property is a litigation for formation, and it means to resolve the co-ownership relation as to the objects of co-ownership by exchanging or selling shares among co-owners. Thus, the court shall make a rational partition according to the co-owner's share ratio according to the co-ownership relation or all the circumstances of the objects of co-owned property at free discretion, not by the method of seeking co-owned property partition.

(See Supreme Court Decisions 93Da27819 delivered on December 7, 1993, 97Da18219 delivered on September 9, 1997, etc.).