1. The instant lawsuit shall be dismissed.

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

1. The F, on March 31, 2014, who owned each land stated in the purport of the claim for recognition, died with the Plaintiff and the Defendant, etc. as his/her child.

[Ground of recognition] The fact that there is no dispute, Gap 1-2-1-4, the purport of the whole pleading

2. Determination:

A. As to each land stated in the purport of the claim, the Plaintiff is demanding the partition of the jointly owned property pursuant to Article 268 of the Civil Act.

B. In a case where the co-inheritors fail to reach an agreement on the division of inherited property, or are unable to reach an agreement, the co-inheritors are allowed to file a claim for adjudication on division of inherited property with the family court, as prescribed by the Family Litigation Act, and it is not allowed to file a lawsuit on the partition of inherited property as prescribed in Article 268 of the Civil Act regarding the individual property belonging to inherited property (see Supreme Court Decision 2015Da18367, Aug. 13, 2015). The division of inherited property by consultation with the co-inheritors should be part of the co-inheritors, and the division by consultation with

(See Supreme Court Decision 2008Da96963 Decided February 25, 2010). C.

However, the plaintiff is that the defendant was missing before the death of F before his death and the death of the deceased cannot be confirmed at present, and there was no effective division of inherited property between the plaintiff and the heir of the deceased such as the defendant.

Therefore, filing a lawsuit claiming a partition of co-owned property on each land, which is the inherited property, is not allowed.

Therefore, the instant lawsuit is unlawful.