The Plaintiffs are owners of the Daegu Suwon-gu E land and its ground buildings adjacent to the instant real estate.

The real estate of this case is a site, which is abutting on the road of small 2 m (breadth of 8m or 10m) and is leased to the plaintiffs and the defendant as a parking lot in neighboring restaurants.

There was no co-owned property partition agreement between the Plaintiffs and the Defendant on the instant real estate until the closing date of the argument.

[Ground of recognition] Unsatisfy, entry and video of Gap evidence 1 to 3 (including branch numbers if there are branch numbers) and the purport of whole pleadings

2. Determination:

A. According to the above facts acknowledged as above, the Plaintiffs, co-owners of the instant real estate, can file a claim against the Defendant, who is another co-owner, to divide the instant real estate jointly owned.

B. Division of one method of partition of co-owned property can be selected at will if the co-owners reach an agreement, but if the co-owned property is divided by a trial due to the failure to reach an agreement, the court shall in principle divide it in kind, and if it is impossible to divide it in kind or if it is possible to divide it in kind, the price can be divided by ordering the auction of the property only when the value might be reduced remarkably. Thus, barring the above circumstances, the court shall make a judgment that recognizes the sole ownership of each co-owner for the divided property by dividing the jointly-owned property into several goods in kind according to the ratio of shares of each co-owner, and the method of division shall not be determined by the parties, but at the discretion of the court, by sharing relation or the objects thereof.