1.With respect to the 582 square meters in Jeju-si B, each point of Annex A, 2, 3, 4, 5, 6, 7, 1, with respect to the 582 square meters in separate drawings.

1. Basic facts

A. The Plaintiff and the Defendant shared B large 582 square meters (hereinafter “instant land”). The Plaintiff’s share is 182.72/582, and the Defendant’s share is the remainder.

B. The Plaintiff and his wife owned land D, E, F, and G, and the Defendant owns the third floor above the ground of the first floor above H and I and operates the contact accommodation business. Of the instant land, the attached drawings indication 1,2, c, 3, 4, 5, 6, 7, and 183 square meters in the order of each point of 183 square meters in the ship connected to each of 1,2, 3, 4, 5, 5, 7, and 1, among the instant land are owned by the Plaintiff, and the remaining part of 39 square meters in the ship indicated in the same drawings is divided into the Plaintiff and owned by the Plaintiff, there is no inconvenience for the Defendant to use the above accommodation,

C. The Plaintiff and the Defendant did not agree on the method of partition of the jointly owned property until the date of closing the argument in the instant case.

[Ground of recognition] A without dispute, Gap evidence 1-1, 2, 3, 2-1, 3-2, and 3-2, the result of the verification by this court, the result of the appraiserJ's appraisal, the purport of the whole pleadings.

2. According to the above facts of recognition, the Plaintiff may claim against the Defendants the division of the instant real estate.

I would like to say.

As to the method of partition, the defendant wants to divide in cash on the ground that the defendant is subject to an administrative fine exceeding the building-to-land ratio of the above accommodation building upon the plaintiff's assertion. However, the above circumstance alone is difficult to view that there is an exception to the principle of the in-kind division. The defendant does not present a separate plan for the partition of co-owned property. The location, land, area, surrounding circumstances of the land of this case, the location of the land of this case and the defendant, each share of the plaintiff and the defendant as seen earlier, each share of 1,2, 3, 4, 5, 5, 5, 7, 183 square meters in parts inside the ship connected each point of 1,2, 3, 4, 5, 5, 7, 1 among the land of this case, and 39