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The judgment of the first instance, including the claims of the plaintiff succeeding intervenor who participated in the trial, shall be amended as follows:
Reasons
1. Basic facts
A. 1) The Plaintiff’s succeeding intervenor is the former Plaintiff A’s wife of the instant lawsuit that operates the fish farm in the Ha, I, J, and K, Chungcheong-si. The Plaintiff’s succeeding intervenor entered into a sales contract with A on December 5, 2018 with respect to each of the instant land, which is owned by A, and completed the registration of ownership transfer on January 30, 2019. 2) The Defendants are co-owners who own 3/8 shares among each of the instant land.
B. On the other hand, the Plaintiff’s succeeding intervenor and the Defendants did not reach an agreement on the prohibition of partition of co-owned property as to the instant land, but did not reach an agreement on the method of partition.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, 10 (including branch numbers, if any) and Eul evidence Nos. 1 and 3, and the purport of the whole pleadings
2. Determination
A. According to the facts acknowledged as above, the Plaintiff’s succeeding intervenor, as co-owners of each of the lands of this case, may claim partition against the Defendants, who are other co-owners pursuant to the main sentence of Article 268(1) of the Civil Act, and also did not reach agreement as to the method of partition, and thus, the Plaintiff’s succeeding intervenor may claim partition of co-owned property to the court pursuant to
B. In the case of dividing the jointly-owned property by one trial on the method of partition of co-owned property, if it is impossible to divide it in kind or if it is possible to divide it in kind with the money, the auction of the property may be ordered if the value thereof might be significantly reduced, and the requirement of "shall not be divided in kind" is not physically strict interpretation, but physically strict interpretation is not to include the case where it is difficult or inappropriate to divide it in kind in light of the nature, location, size, utilization status, use value after the division, etc. of the jointly-owned property.
(c).