1. Of 1530 square meters in Seosan-si, “the part” in the line which connects in sequence 1, 2, 3, 4, 5, 6, 7, 8, 9,20 square meters in the annexed sheet “.”

1. Facts of recognition;

A. The Plaintiff shared 765/1950 shares, the Defendant’s 765/1950 shares, and Nonparty D owned 420/1950 shares, with respect to 1950 square meters in Chungcheongnam-si, Chungcheongnam-si (hereinafter “instant land before the instant subdivision”).

B. Nonparty D filed a lawsuit for partition of co-owned property against the Plaintiff and the Defendant as the Daejeon District Court Seosan Branch Branch 2019Kadan1537, and among them, on December 9, 2019, the conciliation was concluded that “420 square meters out of the land before the instant partition belongs to D, and 1530 square meters are divided as owned by the Plaintiff and the Defendant, respectively.”

C. On December 24, 2019, the instant land before subdivision was divided into C & 1530 square meters (hereinafter “instant land”) and E and 420 square meters (hereinafter “instant land”).

As to the land of this case, the plaintiff and the defendant share one-half shares, respectively.

E. The Plaintiff and the Defendant did not hold a divided consultation by the date of the closing of the argument in this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2, significant facts in this court, purport of the whole pleadings

2. Determination

A. According to the above acknowledged facts, the Plaintiff and the Defendant, the co-owner of the instant land, did not reach an agreement on the method of partition of the said land. Therefore, the Plaintiff, as co-owner of the instant land, may claim the partition of the said land against the Defendant, who is another co-owner.

B. In principle, partition of co-owned property by judgment on the method of partition of co-owned property is in principle made in kind as long as a reasonable partition can be made according to the shares of co-owners.

In this case, the Plaintiff wishes to divide in kind as shown in Paragraph 1 of the Disposition, and the Plaintiff agrees to own more area than the Defendant even if it owns the same shares as that of the Defendant, and the Defendant appears to possess the “A” portion indicated in the separate sheet, so it is unfavorable for the Defendant to divide in kind as indicated in the Disposition.