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1. Defendant E:
A. Each of the lands listed in attached Table 1 (Indication of Real Estate) 1 from the Plaintiffs is 2/34 shares.
Reasons
1. The plaintiffs and the Defendants shared each real estate listed in the separate sheet 1 (Indication of the real estate indicated in paragraph (1) (hereinafter referred to as the "land of this case" and the building listed in paragraph (2) as the "building of this case" and the "each real estate of this case" are co-ownership shares listed in the separate sheet 2 (Co-ownership shares ratio by real estate). The facts that consultation on the method of partition of each real estate of this case between the plaintiffs and the defendants was not reached between the parties or between Gap 1, 2, Eul 1-1 and Eul 2 by the date of closing argument can be acknowledged by considering the whole purport of pleadings as a whole.
Therefore, pursuant to Article 269(1) of the Civil Act, the Plaintiffs, co-owners of each real estate of this case, may request the Defendants, who are the remaining co-owners, to divide each real estate of this case.
2. Method of partition of co-owned property;
A. The relevant legal principles have a unilateral right to abolish the existing co-ownership by filing a claim for partition of the co-owned property and to realize the legal relationship that distributes the co-owned property among the co-owners (the freedom of co-ownership), barring special circumstances, inasmuch as one ownership of the goods is divided in the form of a co-ownership of the goods, and the amount of one co-owner's ownership of the goods belongs to several persons. Therefore, the division of the co-owned property can be selected at will if the parties agree on the method, but if the property is divided by judgment because the parties did not reach an agreement, the court should divide it in kind in principle, but if the property is divided into the jointly-owned property in kind, if it is impossible to divide it into
(Article 269(2) of the Civil Act. Here, the requirement that it is impossible to divide it in kind is not a physical strict interpretation.