2. The costs of lawsuit shall be borne by the Plaintiff.

A. 3,954 square meters prior to Pyeongtaek-si F (hereinafter “instant real estate”) were owned by G. G was originally owned by G. As G died on May 15, 1981, Defendant B, C, E, and H, the spouse of the Plaintiff and his children, completed the registration of ownership transfer on December 16, 1981 with respect to the instant real estate on inheritance.

B. H donated inherited shares to Defendant D, the wife, and completed the registration of ownership transfer on October 22, 2001.

Therefore, the real estate in this case is currently owned jointly by the Plaintiff 3/12 and by the Defendants 2/12, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. We examine, ex officio, whether the instant lawsuit is lawful or not, ex officio, as to the determination on the legitimacy of the instant lawsuit.

Article 269(1) of the Civil Act provides that when an agreement as to the method of partition of co-owned property does not lead to an agreement, the court may claim partition. Article 1013(2) of the Civil Act applies mutatis mutandis to the division of inherited property.

However, the co-ownership relationship of inherited property differs from the general co-inheritors in terms of the common co-ownership relationship in terms of the co-ownership with a provisional character to maintain the current state of inherited property until each inheritor becomes a sole owner of inherited property through division. As such, the ownership transfer registration was completed due to co-inheritors' co-ownership on inherited property in a situation where the co-inheritors did not reach an agreement on the division of inherited property

Even if inherited property is divided, it shall be determined by a family court's adjudication, as prescribed by the Family Litigation Act, and the ordinary court shall not be determined by a judgment in accordance with ordinary litigation procedures, as in general litigation for partition of co-owned property.

With respect to the instant case, the Plaintiff, Defendant B, C, E, and H succeed to the instant real estate.