A. On April 2, 2016, the registration of ownership transfer was completed with respect to the deceased B (the deceased on or around April 2, 2016, during which the instant lawsuit was pending; hereinafter “the deceased”), and Defendant H, I, J, K, K, L, and M on November 22, 2013, N field 4,866.4 square meters (hereinafter “instant land”).

B. As a result of the public sale of shares owned by theO on October 13, 2015, the Plaintiff completed the registration of transfer of shares based on the public sale on the said shares.

C. The Deceased died while holding 14/70 of the instant land, and the Defendant C (the deceased’s spouse, 3/11 shares), D, E, F, and G (the deceased’s children, 2/11 shares), jointly inherited the deceased’s property.

The land of this case is the land, the adjustment of which was completed around December 12, 1996.

E. The share of the Plaintiff and the Defendants in co-ownership with respect to the instant land is as indicated in the separate sheet. There is no agreement between the Plaintiff and the Defendants regarding the division of the instant land.

F. Meanwhile, Defendant I, J, K, L, and M filed a divisional appeal against the deceased and Defendant H et al. on the inherited property, including the instant land, by Suwon District Court Branching 2016Dhap100.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3, the purport of the whole pleadings

2. Defendant I, J, K, L, and M asserts that the lawsuit of this case is unlawful because the co-owners of the land of this case are not finally identified until the judgment on division of the above inherited property becomes final and conclusive, since it is not a final and conclusive one of the co-owners of the land of this case in an essential co-litigation

In a case where a part of co-inheritors transfers his share of a specific property belonging to inherited property to a third party before the division of inherited property, the transferee of share and the rest of co-inheritors are in a common co-ownership relationship under the common property law.

It means that the co-ownership relationship is settled under the Civil Act.