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1. The auction of each real estate listed in the separate sheet No. 1 and the remainder after deducting the auction cost from the proceeds of the sale.
Reasons
1. Facts of recognition;
A. Selected D and Nonparty E completed the registration of ownership transfer arising from the partition of co-owned property on June 16, 1986 according to the ratio of 1/2 shares as to one real estate among the real estate listed in the separate sheet No. 1 on June 17, 1986 (hereinafter “each real estate of this case”).
B. On April 8, 1985, the Appointed D and the non-party E completed the registration of initial ownership in proportion to 1/2 shares of each of the instant real estate on April 8, 1985.
C. On May 27, 1996, E deceased on May 27, 1996, and accordingly, E shared inherited shares at the ratio of 3/19 shares in F, children, G, Defendant B, Appointed H, Defendant C, Plaintiff (hereinafter “Plaintiff”) A, Appointor I, J, and K, respectively, in proportion to 2/19 shares.
Accordingly, on June 24, 2015 with respect to each of the instant real property on the grounds of inheritance on May 27, 1996, the designated parties F, as shown in the separate sheet No. 2 attached hereto, had the registration of ownership transfer for each of 2/38 shares, 3/38 shares, G, Defendant B, Selection, Defendant C, Plaintiff C, Selection, I, J, and K, respectively.
[Grounds for Recognition: Each entry of No. 1-4 and the purport of the whole pleadings]
2. Defendant B’s lawsuit of partition of co-owned property, which is sought by the Plaintiff and the designated parties as to the main defense, is a lawsuit regarding the division of inherited property, and the lawsuit of this case is in violation of the exclusive jurisdiction.
However, according to the above facts of recognition, among co-inheritors, the plaintiff, the selected person F, G, H, I, K, and the Defendants are neither co-inheritors nor co-inheritors, and the appointed person D are not co-inheritors. Thus, the Defendants cannot file a claim for partition of inherited property against the Defendants, and it is difficult to view that part of co-inheritors is limited to the claim for partition of co-inheritors by other co-inheritors, not co-inheritors, until the division of inherited property is completed due to the co-inheritors. In light of the above facts, the plaintiff and the designated person are against the Defendants under the Civil Act.