공유물분할
1. The defendants' appeal is dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1...
1. The reasoning for the court's explanation concerning this case is that "attached Form 4 and 5 of the judgment of the court of first instance" is "the fact that D completed the registration of ownership transfer on February 19, 196 with respect to the real estate (site) listed in attached Table 1, and completed the registration of ownership transfer on December 28, 1983 with respect to the real estate (site) listed in the attached Table 2," and the "3.0 conclusion" listed in the attached Table 4 shall be "4. conclusion" and the above judgment shall be added as stated in the reasoning of the judgment of the court of first instance, other than adding the above judgment as stated in the main sentence of Article 420 of the Civil Procedure Act. Thus, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The portion to be judged additionally by the trial.
3. The Defendants asserted to the effect that the judgment on whether the instant lawsuit falls under the exclusive jurisdiction of the family court is justifiable, and that in relation to the division of inherited property, a lawsuit for division of inherited property may be filed with the family court pursuant to the provisions of the Family Litigation Act regarding the division of inherited property, but cannot be brought to the lawsuit for division of jointly-owned property pursuant to Article 268 of the Civil Act. Thus, the first instance court's decision that the said judgment was rendered in violation of the above exclusive jurisdiction
However, as seen earlier, the Plaintiff, the Defendants, and the remaining inheritors agreed on the division of inherited property with respect to each real estate listed in the separate sheet, and completed each share transfer registration in the name of the Plaintiff and the Defendants. The Plaintiff does not seek the division of inherited property by the instant lawsuit, but filed a claim for the division of jointly owned property under Article 268 of the Civil Act with the status of co-owners who completed the share transfer registration through the agreement on division of inherited property. Therefore, in the instant case,
Therefore, the above assertion by the defendants is without merit.
3. As a result, each real estate listed in the separate sheet is put up for auction.