The judgment of the first instance shall be amended as follows:

Attached Form

The Plaintiff is the 4/12 share, Defendant, of real estate listed in the list of real estate.

1. Basic facts

A. As to the land of the Parties 1, the Plaintiff shares 4/18 shares, Defendant B’s shares 1/18 shares, Defendant C’s shares 7/18 shares, and the Intervenor’s shares 6/18 shares, respectively. 2) The Plaintiff, the Defendant B, C, and the Deceased shares 6/18 shares, respectively, and the Intervenor is the deceased’s children who were the owners of the land of the first.

B. On the other hand, the Plaintiff, the Defendants, and the Intervenor failed to reach an agreement on the prohibition of partition of co-owned property as to the land No. 1, but did not reach an agreement on the method of partition.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 3, and fact-finding with respect to the Jando-Janbuk-gun of Chungcheongbuk-do of this Court, the purport of the whole pleadings

2. Determination

A. According to the above acknowledged facts, the Plaintiff, as co-owner of land No. 1, may file a partition claim against the Defendants and intervenors who are other co-owners pursuant to the main sentence of Article 268(1) of the Civil Act, and as such, an agreement as to the method of partition was not reached, the Plaintiff may file a partition claim with the court pursuant to Article 269(1) of the Civil

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.

In addition, "if the value of the property is to be reduced remarkably if it is divided in kind", even if the co-owner is a person, the value of the property to be owned independently by the division in kind shall be the share before the division.