1. The Plaintiff: (a) part of the 4648 square meters of Jeju Special Self-Governing Province Jeju Special Self-Governing Province; and (b) the part of the 2656 square meters of the attached appraisal map.

Facts of recognition

Jeju-si D Forest 4,648 square meters (hereinafter referred to as "the land of this case") was owned by A 4/7 and the defendant 3/7 shares.

A filed the instant lawsuit against the Defendant seeking partition of co-owned property, and subsequently transferred his/her share to the Plaintiff’s succeeding Intervenor on December 16, 2015, and completed the registration of ownership transfer on December 17, 2015.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Gap evidence No. 2, and the above facts of recognition as to the claim for partition of co-owned property as a whole, since the plaintiff succeeding intervenor and the defendant co-owned land of this case are co-owned. Thus, the plaintiff succeeding intervenor among co-owners can file a claim for partition of land of this case against the defendant who is another co-owner pursuant to Article 268(1) of the Civil Act.

The method of partition of co-owned property is one form of co-ownership of the article, and one ownership of the article belongs to many persons. Thus, each co-owner has the right to abolish the existing co-ownership by unilaterally filing a claim for partition of co-owned property and realize a legal relationship for distributing co-owned property among the co-owners, except in extenuating circumstances.

Furthermore, in the method of division, if there is an agreement between the parties on the method of division, the parties may arbitrarily choose the method, but in the case of dividing the jointly-owned property by the judgment due to the failure to reach an agreement, the court may, in principle, order the auction of the goods only when it is possible to divide it in kind in kind or if it is impossible to divide it in kind in kind, or the value thereof is considerably reduced if it is divided in kind. Thus, barring such circumstances, the court shall divide the jointly-owned property into several goods in kind according to the ratio of shares of each co-owner, and make

Supreme Court Decision 93Da27819 delivered on December 7, 1993.