1. A ship which connects each point of the annexed map No. 11 through 16, 11 among the area of 545 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun.

1. Facts of recognition;

A. The Plaintiff owns 1/3 of the 545 square meters G-gun, Chungcheongnamnam-gun (hereinafter “instant land”), and Defendant B owns 1/3 of the shares, Defendant C, D, and E, respectively.

B. The Plaintiff and the Defendants did not reach an agreement on the division of the instant land.

[Judgment of the court below]

2. Determination

A. As seen above, the Plaintiff, a co-owner of the instant land, and the Defendants did not reach an agreement on the method of partition. Therefore, the Plaintiff, a co-owner, may file a claim for judicial partition against the Defendants, who are other co-owners.

B. Furthermore, we examine the method of division.

In full view of the following circumstances acknowledged by the purport of the entire pleadings, it is reasonable to divide the land of this case into spot items as indicated in the text.

① Defendant B and the remaining Defendants do not want to sell or divide the instant land, which was taken from the fleets, by auction.

② On April 5, 2018, the Plaintiff, Defendant C, D, and E appeared on the date of mediation and consented in the spot division as indicated in the order.

(3) In the case of subdivision as described in the order, all of the indications in the annexed drawing may use a passage around the surrounding part.

④ In the case of subdivision as indicated in the order, the portion (A) compared to the portion (B) in the shape of the shape of the Defendants, which seems to be in the shape of the non-type and the market price of the portion (B) owned by the Plaintiff alone, may be deemed to be different. However, in light of the fact that the Plaintiff paid appraisal costs for the division in kind, and that the Plaintiff ultimately bears such costs, it may be deemed similar to the amount of compensation equivalent to the difference in the market price.

⑤ Of the instant land, H-owned housing and storage, a third party on the ground is located on the surface indicated in the annexed drawing(b), but such circumstance is divided in kind.