The judgment of the first instance is modified as follows.

Of the land size of 11815 square meters in Jeonnam-gun, Jeonnam-gun, the attached Table 1 appraisal map is marked 1, 2, 3, 4.

Basic Facts

The Plaintiff shared the instant real property at the share ratio of 3,300/13,615, and the Defendant 2,063/2,723, and the fact that there was no agreement between the Plaintiff and the Defendant on the method of partition of the common property by the date of closing argument in the trial at the trial at the trial at the trial at the trial at the

2. According to the above facts acknowledged as above, the real estate in this case is jointly owned by the plaintiff and the defendant. Since the plaintiff and the defendant did not reach an agreement on the method of division between the plaintiff and the defendant by the date of closing argument in the trial, the plaintiff and the defendant may file a claim against each other to divide the real estate

3. Method of partition of co-owned property;

A. In a case where the co-owners of the relevant legal principles fail to reach an agreement, thereby dividing the article jointly owned by a trial, the court shall, in principle, divide it in kind, and only when the value of the article is likely to be significantly reduced if it is unable to divide it in kind or it is possible to divide it in kind in kind, to order an auction of the article

(See Supreme Court Decision 2004Da30583 Decided October 14, 2004, etc.). Here, the meaning of “the value significantly decreased due to the in-kind division” includes not only the case where the exchange value of the entire jointly owned property is significantly reduced due to the in-kind division but also the case where the value of the portion to be owned by the owner solely due to the in-kind division becomes considerably reduced compared to the share value before the co-owned property division.

B. As to the determination of whether the partition of co-owned property should be made by means of the payment division, the Plaintiff asserts that the payment division is a reasonable method rather than the in-kind division in the case of the instant real property.

In order to make a partition of co-owned property by payment division, if the co-owned property cannot be divided in kind or it is divided in kind, its value will be reduced remarkably.