공유물분할
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. Each of the real estates listed in the separate sheet 1 (hereinafter collectively referred to as “each of the instant real estates”) was owned by the original L. The deceased L was married with the deceased M (Death on May 17, 2001), the plaintiffs, and the defendant K, and the deceased K were married with the Defendant F, and the deceased G, H, I, I, and J under the chain.
B. The deceased L on April 5, 2008, and the plaintiffs and the Defendants inherited or inherited the deceased L's property according to each share indicated in the attached Table 2.
C. Of the instant real estate Nos. 1, 2, and 3, the registration of ownership transfer in the names of the Plaintiffs and the Defendants was completed on June 9, 2009 due to inheritance on April 5, 2008. The instant real estate No. 4 is unregistered buildings.
[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 5, purport of whole pleading
2. The Plaintiffs asserted that each of the instant real estate was in a co-ownership relationship following the agreement on the division of inherited property and sought to divide each of the instant real estate into the proportion corresponding to the shares of the Plaintiffs and the Defendants as the instant lawsuit.
As to this, Defendant F, G, H, I, and J asserted to the effect that the Plaintiffs voluntarily completed the registration of inheritance shares in the names of the Plaintiffs and the Defendants regarding the instant real estate Nos. 1, 2, and 3, and that there was no agreement on the division of inherited property between the Plaintiffs and the Defendants regarding each of the instant real estate including the said real estate.
ex officio, Article 269(1) of the Civil Act provides that when the consultation as to the method of partition of co-owned property does not lead to an agreement, the court may request the division thereof. Article 1013(2) of the Civil Act applies mutatis mutandis to the division of inherited property.
However, the co-ownership of inherited property is divided.