1. Of the land size of 175 square meters in Yangyang-si, D 175 square meters in order to connect each point of Annex 1, 2, 3, 4, 5, 6, 12, 11, 9, 10, and 1.

As to the land in this case, the Plaintiff’s share 165/175, the Defendant held 10/175 shares, respectively, and the fact that no agreement was reached between the Plaintiff and the Defendant on the method of partition of the land in this case does not exist between the parties.

Co-owners of real estate may at any time demand a partition of co-ownership against other co-owners (Article 268(1) of the Civil Act). As seen earlier, the Plaintiff and the Defendant did not reach an agreement on the method of partition of the land in this case, which is the co-ownership of the pertinent land. Thus, the Plaintiff, as co-owners of the instant land, may demand a partition of co-ownership against the Defendant, who are

The parties concerned in the method of partition of co-owned property, in the first place, wishing to divide the land of this case in kind as stated in Paragraph (1) of the Disposition No. 1 of this case and to divide the price by auction. However, the defendant, according to the current status of possession, solely owned by the defendant the part of 50 square meters in the ship (hereinafter “the land occupied by the defendant”) which connects each point of 11, 2, 3, 4, 5, 12, and 11 of the attached drawing No. 11, 2, 3, 4, 5, 11 of the attached drawing No. 125 square meters (hereinafter “the land occupied by the plaintiff”), which connects each point of 1, 10, 9, 8, 7, 6, 12, 12, and 11 of the attached drawing No. 2 to the plaintiff.

Judgment

The division of an article jointly owned may be selected at will if there is an agreement between the co-owners, but if the article jointly owned is divided by a trial due to the failure to reach an agreement, the court shall divide it in kind in principle, and if it is impossible to divide it in kind or it is possible to divide it in kind in kind, the value shall be reduced remarkably.