1. Revocation of the first instance judgment.

2. From the plaintiffs, ① A co-ownership list of 79 square meters in JJ forests in Osan-si.

1. (1) On November 16, 2015, the Plaintiffs, as married couple, completed the registration of ownership transfer as to 15.5/79 of each of the 79 square meters of J-forest J-forest (the actual status is used as an access road for the Defendants’ housing; hereinafter “instant land”). As to the instant land on the same day, Defendant C completed the registration of ownership transfer as to 32/79 of the instant land, and Defendant D and E completed each registration of ownership transfer as to 8/79 of each of the instant land on the same day.

(2) The Plaintiffs owned K-si and its ground buildings adjacent to the instant land; Defendant C owned L and its ground buildings adjacent to the instant land; Defendant D owned M and its ground buildings adjacent to the instant land; and Defendant E owned N and its ground buildings adjacent to the instant land, respectively.

(3) On November 16, 2015, the Plaintiffs: (a) set up to another person a collateral security (which was received on November 16, 2015, from the Suwon District Court in the U.S. registry office); (b) on November 24, 2015, Defendant D set up a collateral security with his/her share and the said M in the instant land as a joint collateral; and (c) Defendant E set up a collateral security with his/her share and the said N in the instant land as a joint collateral on November 24, 2015.

(4) The Plaintiffs want to divide the instant land into the method of payment by auction, and the Defendants did not want to divide the instant land itself, and there was no agreement among the original Defendants on the method of partition of the instant land.

(5) The above facts do not conflict between the parties, or can be acknowledged by the overall purport of Gap evidence 1-1-2, Gap evidence 5-1-4, and Gap evidence 6-1-4, and there is no evidence that interfered with this.

2. Determination on the plaintiffs' claims

A. (1) Co-owners have the right to claim partition of co-owned property to the other co-owners.