A. The Plaintiffs and the Defendants are co-owners who own 2/13 shares of Plaintiff A, 3/13 shares of Plaintiff B, and 2/13 shares of Plaintiff B, respectively, with respect to each real estate listed in the separate sheet Nos. 1 and 2 (hereinafter “each of the instant real estate”).

B. The plaintiffs and the defendants did not agree on the partition of co-owned property of each of the instant real estate.

【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1 and 2 (including virtual number) and the purport of the whole pleadings

2. Determination

A. According to the above facts acknowledged, the Plaintiffs, co-owners of each real estate of this case, can file a claim against the Defendants, who are other co-owners, for the partition of each real estate of this case.

B. As a matter of principle, partition of co-owned property in kind can be divided in kind as far as a reasonable partition can be made according to each co-owner's share. If it is impossible to divide in kind or in kind, or if it is possible to divide in kind, the auction of the goods can be ordered, and the above requirement is not physically strict interpretation, but it includes cases where it is difficult or inappropriate to divide in kind in light of the nature, location, size, use situation, and use value after the division (see, e.g., Supreme Court Decision 2002Da4580, Apr. 12, 2002). In other words, co-owners of each real property of this case can be recognized by the evidence as follows: < Amended by Act No. 6310, Apr. 12, 2002; Act No. 20094, Apr. 2, 200; Act No. 20100, Apr. 2, 2000>