공유물분할 등
1. Of the land listed in paragraph 1 of the attached list, the appraisal in the annexed sheet connects each point in order of 3, 4, 5, 6, 29, 28, and 3.
1. Basic facts
A. The net C (Death on December 1, 2014) owned the land indicated in paragraphs 1 and 2 of the attached Table 1 (hereinafter “instant land”) and the housing indicated in paragraph 3 of the attached Table 3 (hereinafter “instant housing”).
As the deceased C dies, the Defendant, D, and E inherited one-third of the instant land and housing, each of which is the deceased’s children.
B. On November 25, 2014, the Plaintiff concluded a sales contract on the remainder of the instant land and the ground obstacles, excluding the instant housing site, among the instant land, with the net C and the instant land.
However, following the death of the deceased C, the Plaintiff purchased shares of the instant land from D and E on December 23, 2014, and completed the registration of ownership transfer on February 3, 2015.
The Plaintiff, D, and E stipulated that the vinyl located on the ground of the instant land is owned by the Plaintiff, and that it would be owned by the Defendant based on the direction of the instant house when the Defendant and the co-owned property partition are carried out.
C. On May 21, 2015, the Plaintiff completed the registration of ownership transfer on March 30, 2015 with respect to D and E’s 2/3 shares among the instant housing.
On the other hand, 18 greenhouses exist on the ground of the instant land and the instant land.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence No. 7, Gap evidence No. 8, Eul evidence No. 2, and the purport of the whole pleadings
2. Judgment on the main defense of this case
A. Although the purport of the defendant is not clear, the plaintiff can not claim a partition of co-inheritors, and the plaintiff acquired inherited property from some co-inheritors before the division of inherited property has been achieved, it is unlawful for the plaintiff to file a claim for partition of co-inheritors against the defendant and violated exclusive jurisdiction. However, according to the facts acknowledged earlier, D and E, the deceased's heir.