1. The defendant is based on the partition of co-owned property as to one-half share out of 162 square meters prior to C in racing from the plaintiff.

1. The Plaintiff and the Defendant shared 1/2 shares at the time of the creation of the right to partition of co-owned property (hereinafter “instant land”), and the fact that the agreement on the method of partition of the instant land between the Plaintiff and the Defendant was not reached by the closing date of pleadings does not conflict between the parties, or that the agreement on the method of partition of the instant land was not reached between the Plaintiff and the Defendant, by taking account of the respective entries in Articles 3 and

According to the above facts, the plaintiff, who is a co-owner of the land of this case, may claim the partition of the land of this case to the defendant, who is another co-owner, pursuant to Article 269(1)

2. Method of partition of co-owned property;

A. The lawsuit for partition of co-owned property is a litigation for formation, and the co-ownership of the objects of co-ownership is the subject of sole ownership through the exchange or sale of shares between co-owners. As such, the court shall make a reasonable partition according to the co-ownership relation or the share ratio of co-owners depending on free discretion, not by the method requested by the claimant for partition of co-owned property, depending on the overall circumstances of the objects.

(See Supreme Court Decisions 93Da27819 delivered on December 7, 1993, 97Da18219 delivered on September 9, 1997, etc.). Therefore, in cases of dividing an article jointly owned by multiple persons, the area of the land acquired by each co-owner shall be equal to that of the co-owner’s share in principle, but it is not necessarily required to be divided in such a way. If the form or location of the article jointly owned, the use thereof, or the economic value of the article jointly owned, is not equal, it is also allowed to divide the article in proportion to the share ratio in consideration of all the above circumstances, and if a certain requirement is met, it is allowed to divide the article in proportion to the share ratio by adjusting the economic value in cash between the co-owners.