1. The plaintiff shall be placed at an auction to G G 195 square meters in Pakistan and the remaining amount after deducting the auction costs from the price.

1. Legal relationship concerning land;

A. The Plaintiff and the Defendants own 1/6 shares each of the Plaintiff and the Defendants, respectively, at the time of Pakistan-si (hereinafter “instant land”).

B. Of the instant land, the registration of seizure at the time of sowing, the registration of seizure by the National Health Insurance Corporation for shares of Defendant C, the registration of seizure by the National Health Insurance Corporation for shares of Defendant C, the registration of provisional seizure by the Seoul Guarantee Stock Company for shares of Defendant E, and the registration of seizure at the time of sowing, respectively.

C. In addition, a fence is installed on the boundary of the instant land, and one unit of block, brick structure, straw-projected roof housing (at the same time the building ledger is not prepared) is constructed on the inside of the instant land.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

(a) Co-owners of the real estate for the purport and provision of the Civil Act as to the right to claim partition of co-owned property may claim a partition of the co-owned property (Article 268(1)), and in a case where the agreement on the method of partition has not been reached, co-owners may request a court for partition, and in a case where it is impossible to divide in kind in kind or the value thereof might be reduced remarkably due to such partition, the

(Article 269) Therefore, the method of partition of co-owned property by trial may be, in principle, divided in kind as far as it is possible to make a reasonable partition according to the share of each co-owner, or, if it is impossible to divide in kind or in kind or it is possible to divide in kind, if the value might be significantly reduced, an auction may be ordered to divide in kind.

The requirement of “undivided in kind” is not physically strict interpretation, but includes cases where it is difficult or inappropriate to divide the property in kind in light of the nature, location, area, use status, and use value after the division.

Supreme Court Decision 2009Da40219, 40226 Decided September 10, 2009