1. The defendant is paid 20,369,000 from the plaintiff, and at the same time he is paid 20,369,000 to the plaintiff, 1.

Facts of recognition

The Plaintiff and the Defendant hold 1/2 of each share among the 121m2 and D 78m2 (hereinafter referred to as “each of the instant lands”) in the Gyeonggi-gu Eri-gun (hereinafter referred to as “Eri-gun”).

The Plaintiff and the Defendant did not reach an agreement on the division of each land of this case.

(Reasons for recognition) Evidence A 1-1 and 2-2, and the purport of the whole pleadings.

Judgment

According to the facts of the existence of the claim for partition of co-owned property, the Plaintiff may claim against the Defendant the partition of each land of this case, which is jointly owned.

The method of partition of co-owned property is a litigation for formation, and the co-owned property is subject to the sole ownership by exchanging or selling shares among co-owners, and the co-owned relation is resolved. Thus, the court shall make a reasonable partition according to the co-owner's share ratio according to the co-ownership relation or the overall circumstances of the property which is the object of the co-owned property without being able to seek a partition of co-owned property at a free discretion (see, e.g., Supreme Court Decisions 93Da27819, Dec. 7, 1993; 97Da18219, Sept. 9, 197). If the shape or location of the co-owned property which is the subject of partition is the subject of partition of co-owned property, and if the use status or economic value is not equal, it is allowed to divide the economic value corresponding to the share ratio in consideration of such overall circumstances, and it is allowed to divide the property by adjusting the economic value between the co-owners in kind (see, e.g., Supreme Court Decision 2004Da384.